2020 was a year many of us are glad to see behind us. Let’s start 2021 off right! Here’s a checklist to help you make this a great year for practice!

1. Tech Check

Practicing during COVID has lawyers relying on technology even more than in the past. Check off these items to use your technology safely and efficiently.

• • Do a technology audit of ALL devices used by all lawyers and staff.
    • • List the device, who uses it, and what cyber security measures protect it.
  • Be sure these systems on ALL devices are updated:
    • • Passwords (We know you don’t like to change them! Try using a pass phrase!)
      • Malware
      • Antivirus
      • Spam filters
  • Review and revise your firm IRP (Incident Response Plan – You DO have one, don’t you?)
  • Visit OBLIC Cyber Toolbox
    • • See samples of IRP and other data protection recommendations.
      • Utilize training videos to prevent phishing scams with lawyers and staff.
  • Consider your cyber insurance (OBLIC provides basic coverage with each policy, but broader coverage also available)

2. File Check

Whether you keep paper files, electronic files, or hybrid files with elements of both, it’s a good idea to periodically review all open and active files.

• • Physically examine all file drawers to:
    • • Locate any missing or unaccounted files.
      • Return misplaced or unfiled files to their proper location, including closed files.
  • If files are electronic, be sure they are up-to-date and properly assigned.
  • Use the file check to confirm correct dates in the docket and calendar systems.
    • • Re-check dates in light of Amendments to Ohio Rules of Civil Procedure, Medical Statute of Repose, and Contractual Limit Change to Uninsured and Underinsured Claims.

3. Policies & Procedures

While this is really an ongoing project, you can use this checklist to determine what you may want to revise this year. Review and plan to revise, if needed, these elements of your Office Procedure Manual.

• • Client communications
    • • Engagement letter
      • Fee Contract
      • Update/status letter
      • File Closing letter
      • Email procedures
      • Social media policies
  • Conflict of interest checking system
    • • Refine how you address if there is a conflict
  • Billing procedures
    • • Policy on Evergreen Retainer
      • How to handle late paying clients See Hotline Questions – Fee Collection
  • Record retention policy
    • • Consider returning the file to the client at the conclusion of representation.
      • If your firm has old, closed files, start the process to reduce this backlog.
  • Website and Advertising
    • • Review website
        • • Be sure the information is updated.
          • Consider adding information on how you are serving your clients during COVID.
      • Look at recent changes to Rule 7.5 of the Ohio Rules of Professional Conduct and Opinion 2020-11 Trade Name Used as Law Firm Name and Opinion 2020-12 Lawyer or Law Firm Use of Service Mark.

I hope you find this checklist helpful. If you have questions or additions to this checklist, please feel free to contact me. As always, OBLIC is here to help!

Gretchen Mote, Esq.
Director of Loss Prevention