How to Ensure an Accurate Opinion Letter
We are continuing to talk about the various rules that we have in our office for helping us "get the work done." There are five areas that make up every part of every business in the world, and "getting the work done" is one of those areas. We have already discussed "clients or customers," and "administration," and we have yet to talk about "billing," and "getting paid."
These rules we are discussing that help us "get the work done," are very important parts of "getting the work done," and facilitate not only "getting the work done" in an efficient and timely manner, but also in particular, "getting the work done" in a very professional and high quality manner.
This week's rule for "getting the work done" is the "opinion letter rule."
The "opinion letter rule" is quite simple. It basically is that no opinion letter may go out of your law firm without at least one other pair of lawyer's eyes having reviewed, proofed, edited, and agreed to what you have stated in the opinion letter. I realize that those of you who are solo practitioners are probably groaning about this rule already. I also realize that it is quite difficult to get another lawyer to review your opinion letter if you are a solo practitioner without violating your client's confidentiality. Let me talk about the rule for a little bit before I give the solo practitioners a way to accomplish what I suggest.
There is probably no more important piece of information that you will send out of your law firm than an "opinion letter." An "opinion letter" contains not only your diagnosis of your client's legal problem, but often will contain your legal prognosis and your legal prescription for treatment as well.
If you are wrong in your "opinion letter," you have set yourself up for a legal malpractice claim. If your client takes your advice in your opinion letter and acts upon that advice and is damaged, and your opinion was wrong, a malpractice case against you would appear to be a "slam dunk."
With the importance of "opinion letters" in mind, you can quickly see why it is absolutely imperative that another pair of legal eyes look at these opinion letter and insure in every way possible that not only is the opinion letter professional in every way with regard to it having been proofed, edited, researched, documented and clearly stated, but that it is also absolutely accurate.
In our office, no "opinion letter" can go out of our office without at least two lawyers singing off on the letter. Preferably, one of those lawyers would be myself. In addition, it is a good idea that the lawyer who is responsible for bringing the client into the firm be the lawyer also agreeing to the "opinion letter," if not being the signatory lawyer on the "opinion letter" as well.
Okay, now let's talk about what you do if you are a solo practitioner. If the "opinion letter" were important enough, I would ask my client's permission to hire another lawyer to double check me on my opinion. I would pay for this second person out of my own pocket instead of billing this to the client. A law professor might be an excellent person to use to review your "opinion letter" before it goes out. Even if you cannot find a mechanism to get another pair of legal eyes on the letter, you may even want to have your secretary or a paralegal in your office look at the letter and just simply ask the question does it make sense? If someone in your office cannot easily reach the same conclusion that you have reached by looking at the same information that you looked at, then either your staff is not very well educated or the legal question is so esoteric as to not be easily understood by someone of reasonable education and intellect. I have often found that paralegals and administrative assistants and secretaries are incredibly bright and often times know way more than lawyers do about how the world really operates - especially, the legal world. Don't be afraid to ask non-lawyers to look at some of the things that you send out of your office to see if they just make plain common sense.
Next week we are going to talk about some additional rules that we have in our office for "getting the work done." We will discuss the "5:00 p.m. mail rule," the "overnight mail rule," and the when in doubt, "document in writing rule," All three of these rules are interrelated. We will be talking about them in a way that will show you how you can set up rules in your office that help you "get the work done." I think you will find next week's rules quite interesting with regard to the philosophy that should permeate your law firm by having people understand that one of your major jobs that client's are looking for you to accomplish is a "projection of effort" in getting the client's matter handled efficiently, timely and professionally.
Talk with you next week.
Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.