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Issue 50 | March 2018

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Trace your steps: Dating your notes to file

Preparing notes to file regarding your conversations with your clients or others can be extremely important in defending a potential claim against you. However, be sure to take a moment to put the date on your note. Absence of dates is something we see at times with claims, which is troublesome as notes in a file without a date lose a lot of their value if we have to establish when you advised the client of a particular issue. A dated note of a conversation can fix it to the relevant time, and can be used to jog the client’s memory that the lawyer actually did advise them on a particular point.

LIANS offers the following sample forms on our site (all can be highlighted, copied, pasted and edited). There is no one way to document your file, so feel free to use one of these forms or modify to create your own - just be sure to document your dates!

File Notes - version one

File Notes - version two

Meeting Notes

Telephone/Personal Exchange

Stamp templates to document your file