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Downtime Opportunities For Attorneys

Hope everyone is safe and healthy. By this time, most of us probably know someone who has been afflicted by the virus. Our thoughts and prayers for a speedy recovery are with them.

Many are using this opportunity and unexpected downtime to take care of projects in the home, whether they be long-neglected repairs or simply cleaning out closets and drawers. I know I have.

But this is also a good time for practitioners to take care of some of those administrative tasks that have been weighing on us but for which we never seem to find the time.

- Review your retainer agreements. Make sure they're up to date and internally consistent. See that they comport with the requirements of 22 NYCRR 1215 and, if applicable, 22 NYCRR 1400, as well as your E&O policies. Be sure to include required language about fee disputes and the right to arbitration.

- Review your forms and boilerplate documents. Take the opportunity to create standard letters and other documents that will help streamline your practice and make your life easier in the future. Correct those typos that you know go out with every letter.

- Become more familiar and comfortable with computer programs and applications you already have on your computer. Learn about new technology that will help you in your particular practice area.

- Clean up your file cabinets, both the physical ones and the ones on your computer. We all know how frustrating it is navigating through dozens of unused and obsolete folders when looking for a document.

- Take CLE courses online! Our Bar Associations are working feverishly to keep us informed and provide resources during this crisis.

- Reconcile your escrow account(s). Make sure the ending balance on the most recent bank statement(s), when adjusted for outstanding disbursements and subsequent deposits, equals the balance in your internal ledger(s).

- Exercise and make sure you are staying healthy, physically and emotionally. Go for a walk or a run. If you are feeling overwhelmed or down, seek help. Our Bar Associations have assistance programs with committed members and other resources waiting to help you. Do not hesitate.

Stay safe. Your families, friends, and clients are counting on you.


Mitch Borkowsky, Esq.



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