Practice Management – NWSidebar

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The Richest Man in Town

One of the final scenes of Frank Capra’s classic “It’s a Wonderful Life” occurs when George Bailey, having been shown how truly full and blessed his life has been, is toasted by his younger brother: “A toast to my big brother George: the richest man in town.” The twist of the beloved movie is that, even in his darkest moments, George Bailey really had a wonderful life—he just didn’t realize it.
George Bailey is, of course, a fictional character. Today, however, I wish to honor a flesh-and-blood man—a man whom I was fortunate to count as a dear and treasured friend. As many attorneys in Spokane are aware, Ryan McNeice, one of the founding partners of McNeice Wheeler, PLLC, died on April 20 from cancer. Like George Bailey, Ryan had a loving wife and family, the respect and admiration of all who knew him, and a community that was positively impacted by him in more ways than can possibly be counted.

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Of Climbing and Lawyering

On the cusp of my 40s, I began toying with the idea of a midlife rejuvenation. I wasn’t shopping around for a full-on crisis or reinvention, just something to add to my repertoire of interests. I was daughter, auntie, girlfriend, and lawyer; but while I had plenty of roles, I had a striking scarcity of hobbies. It was time to take inventory of how I spent my free time and perhaps add a little spice to my days.
I needed something physical to appreciate my health while I had it, before the inevitable mobility limitations of aging showed up to the party. I tried rollerblading, mountain biking, and—for a split second—archery. None stuck.
During a trip to REI to look for inspiration, I wandered into the previously ignored section of ropes and mysteriously elfish footwear. I eavesdropped on a salesperson explain the benefits of something called a locking carabiner. She was enthusiastic and met with the same from her shoppers.
Rock climbing. I had an old boyfriend who occasionally did it. I had seen the award-winning documentary Free Solo. I knew climbing was a thing. Maybe I could make it my thing.

by NWSidebar

Updated Advisory Opinion on Ethical Practices of the Virtual and Hybrid Law Office

Over the last five years, many lawyers began the transition to remote work—then the pandemic added even more coal to the fire. Accelerated adoption of remote and hybrid work, however, did not mean there haven’t been questions about how to do so properly. The Committee on Professional Ethics recently released a new and improved advisory opinion which answers many questions about practicing in a remote or hybrid law office. “Ethical Practices of the Virtual or Hybrid Law Office” updates an opinion first published in 2016 and adds many topics relevant to today’s practice.

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Stressed Out? Meet Adely Ruiz, WSBA’s New Member Wellness Counselor

Recently, the WSBA Member Wellness Program grew a little larger with the addition of Clinical & Outreach Lead Adely Ruiz, MSW, LSWAIC. Ruiz comes to the WSBA via the Sound – Belltown community mental health facility, where she worked with a vulnerable low-income population. She provided cognitive behavioral therapy that included mental health diagnosis and treatment, guiding clients with harm-reduction techniques, treating substance use disorders, and providing direction on accessing medication management services.

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Court of Appeals Discusses Professional Judgment Rule for Legal Malpractice

Division I of the Washington Court of Appeals in Seattle recently discussed the professional judgment rule in Dang v. Floyd, Pflueger & Ringer, PS, Wn. App.2d, 2022 WL 9732289 (Oct. 17, 2022). Under that rule, a lawyer is generally not liable for legal malpractice if the lawyer was simply exercising reasonable professional judgment. The plaintiff doctor in Dang argued that his defense counsel in a regulatory hearing before the Washington Medical Quality Assurance Commission made decisions on witnesses and exhibits that led to an unfavorable outcome. The defendant law firm in the subsequent legal malpractice case moved for summary judgment relying on the professional judgment rule. The trial court granted the motion. The Court of Appeals affirmed.

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Coming Back to Colville

Afew minutes after entering the offices of McGrane & Schuerman, PLLC, it occurs to me that Alison McGrane has barely sat down. Even on her first day back at work after a San Diego vacation with her husband, daughter, and son, she was scurrying from one end of the office to another, walking and talking, standing and talking, standing and reading, standing and signing.
Picture the high-velocity energy of a character in an Aaron Sorkin show.
Except that when you compare this image to that of a rural attorney stereotype, things don’t square up. McGrane has been on the receiving end of these stereotypes. Lawyers from big cities are sometimes prone to treating their rural counterparts as less capable in the law, simpler, less complex—in other words, stupid. That type of assumption is, of course, stupid in itself, and despite the extreme ruralness of the place McGrane calls home, she and the rest of the team at McGrane & Schuerman are anything but stupid.

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Far-Flung Places: A WSBA Travel Series on Rural Legal Practice

In 2019, a group of WSBA volunteers and staff began what was then called the Rural Practice Project (RRP) to analyze the state of legal services available in rural Washington, as well as other jurisdictions in the country, better understand the problems, and identify potential paths forward that the WSBA could take to address access to justice gaps in Washington’s rural communities. In 2021, upon the RPP group’s recommendation and with a unanimous vote and approved budget from the WSBA Board of Governors, the Small Town and Rural Practice (STAR) Committee was formed to build upon the work of the RPP as a long-term, multi-faceted endeavor of the WSBA.

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Should I Open My Own Law Firm?

How do you know if going independent and starting a law firm business is the right choice for you? In this article, I’ll give you some of the tools you need to determine whether it’s time to ditch a traditional office role and strike out on your own.

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How Legal Name Changes Affect the Patent Application Process

There are many reasons why an inventor might undergo a legal name change, whether as part of a marriage or divorce, as part of a gender transition, or out of a desire for a name that better reflects the inventor’s sense of self. Even though name changes are handed through state-level legal procedures, the United States Patent and Trademark Office (USPTO) has specific rules about using legal names that can result in costly delays or even an abandoned or invalidated patent if not followed. With the patent application process often taking several years, consistency of inventor naming and compliance with state-level rules about legal names is important to avoid issues down the road.

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ESG and Law Firms Part 2: Understanding Emissions and Where to Start

In the first part of this series, we explored Environmental Social, and Governance (ESG)—what ESG is and the basics of what lawyers and law firms need to know about ESG. After reading part 1, you may be thinking: How will ESG impact my practice and my firm? We will answer that question here by exploring one of the ways that ESG may impact your law firm operations: client requests for ESG metrics and, specifically, greenhouse gas (GHG) emissions.

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The State of Rural Practice in Washington: Urgent Needs for Moderate Means Program

Finding affordable legal services in Washington state is challenging, the problem only intensifies in Washington’s rural counties. Consider the WSBA’s Moderate Means Program (MMP), a statewide program that matches moderate income clients with a network of legal professionals for assistance on issues of family, housing, consumer, and unemployment law cases at reduced fees. The scarcity of attorneys creates a significant challenge in finding meaningful referrals for this program. As a result, Washingtonians in need of lower-cost legal help often receive no successful or meaningful referral, leaving them without affordable help and rendering the MMP mission nearly impossible to accomplish.

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How the IRS Views Structured Legal Fees

All lawyers pay taxes and know that legal fees are income. They are ordinary income and even subject to self-employment taxes. But what about timing? Much in the tax law is about timing. A classic tenet of tax-planning is to try to defer income and to accelerate deductions. For generations, tax lawyers have explored all manner of tax-deferral strategies. According to the IRS, you have income for tax purposes when you have an unqualified, vested right to receive it. Asking for payment later doesn’t change that. The idea is to prevent taxpayers from deliberately manipulating their income. A classic example is a bonus check available in December, where the employee asks to have the employer hold it until Jan. 1. Normal cash accounting suggests that the bonus is not income until paid, but the employer tried to pay in December and made the check available. To the IRS, that makes the bonus income in December, even though it is not collected until January.

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Legal Tech & Practice Management Part 2: Transform Solo- and Small-Firm Billing with Software

During a recent consultation, a lawyer shared that they regularly did not bill the clients until the end of representation. Fortunately, most clients paid after their case had concluded. Unfortunately, one client stiffed the firm on a $50,000 bill for a multiyear-long matter that even proceeded to trial. To make matters worse, the firm had not sent any bills until the matter concluded, and the large outstanding balance enraged the client. After multiple failed efforts to collect the fees, and not wanting to risk a bar complaint, the firm elected to accept its losses and walk away from the fees. The lawyer I consulted with was seeking practice management help to learn about billing software solutions and best practices. I further learned that the firm was struggling to get bills out on a regular schedule, which delayed its own timekeeping and contributed to an overall time-consuming billing process.

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Environmental, Social, and Governance: What Lawyers and Firms Need to Know About Accountability

Environmental, Social, and Governance (ESG) is essentially an investing framework that brings a broad range of what have traditionally been considered nonfinancial factors into financial decision-making and risk analyses. ESG expands corporate accountability beyond shareholders to include external stakeholder expectations on a variety of factors such as climate change, use of consumer data, and racial justice (among many others), which we broadly group into the three buckets of environmental, social, and governance.

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New Advisory Opinion on Malpractice Insurance Disclosure

In September 2021, the Washington Supreme Court adopted amendments to RPC 1.4, which now require disclosure regarding minimum malpractice insurance levels. With some exceptions, this new requirement applies to all practicing attorneys and has generated many questions.

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Legal Technology and Practice Management, Part 1: Practice Management Software as a Hub for Your Practice

Making technological investments in a law firm is fundamental for planning for the life of the practice. According to the Thomson Reuters’ 2021 Report on the State of the Legal Market, 84 percent of surveyed partners expected their firms to increase investments in technology after the pandemic. The pandemic has forever changed the use of technology in law firms and altered consumer expectations. Firms who fail to adapt will be left behind.