It seems like the minute that December ends, pink and red bags of sweet treats start to appear on store shelves. While every brand seems to have a Valentine’s Day iteration of their namesake candy, those cloyingly sweet yet chalky hearts arguably remain the quintessential Valentine’s Day candy.

If it has been awhile since you opened a box of Sweethearts conversation hearts, you may have forgotten the cheeky messages each one had like, “UR Cute” or “Call Me.” As a Risk Management attorney, I couldn’t help but think about what messages we might write on our candy hearts to share with attorneys:

• CNFLCT – Conflicts remain at the top of the list for attorney malpractice errors. Why? Conflicts are difficult to identify and sometimes harder to address. The tension between wanting to represent a long-term client and referring the business out due to a conflict is challenging for any lawyer. Rest assured that appropriately handling a conflict will best serve you and your client and likely result in them retaining you again in the future. So, avoid the temptation to look past a conflict and continue the representation. Register here to attend AttPro’s upcoming webinar to learn more about navigating conflicts in your practice.
• LTRL – Laterals can be like that box chocolates Forrest described – you never know what you are going to get. While your potential hire may look great on paper, be sure to conduct your due diligence. Speak to their references, review the docket for cases in which they have appearances, and trust your instincts. And, don’t be lulled into thinking they do not require some oversight given their age and experience. Some supervision is likely warranted to ensure they are who you believe them to be – both personally and professionally. 
• $$ –  You deserve to be paid for your hard work. But what happens when a client refuses to pay your monthly bills? Explore all means of collecting payment, including requesting that they replenish the retainer or establishing a payment plan. As a general rule, if suing your client for unpaid bills is your only option, do not initiate suit until the statute of limitations for legal malpractice has passed. If you haven’t encountered a non-paying or delinquent client, you are likely in the minority. Take the time now to check your fee agreement to ensure you have a contractual means to pursue payment if the issue arises.
• AI –  As AI continues to evolve at a seemingly frenetic pace, a lawyer’s ability to stay current on its developments becomes even more challenging. Regardless of how you feel about its place in the legal world, you have a duty to remain competent concerning technology, which includes learning about AI tools and how the judges in your jurisdiction are handling their use. In other words, if you relied on a bot to draft part of a pleading, do you have to disclose it? What does your fee agreement show about entering case information into ChatGPT or a Westlaw search? Start here to learn more about AI and ethically incorporating technology into your practice.
• SOL – This acronym should appear on multiple dates on your calendar, reminding you of the date the statute of limitations to file suit on cases you are handling expires. If you miss this deadline, there is no sugar coating it – a claim will likely ensue. To avoid that potential scenario, develop and follow a sophisticated tickler system to alert you and your staff of the approaching deadline. And to avoid the initial miscalculation of the deadline, have someone on your litigation team double-check the date you determine to be the deadline. 

As we continue to settle into the New Year this February, treat yourself to the peace of mind you deserve by identifying the risks in your practice and implementing strategies to avoid malpractice. With the proper procedures and protocols in place, you will be better equipped to avoid an error and can focus on the daily demands of lawyering. And, you’ll never look at a box of conversation hearts the same way.