Tips to Avoid Malpractice during the Coronavirus Pandemic

Working remotely during the COVID-19 pandemic presents unique challenges for lawyers who must navigate ethical and malpractice considerations as well as changes to the work environment and court systems. Texas Lawyers’ Insurance Exchange offers these suggestions to help you avoid malpractice and ethics problems during this public health crisis.

Communicate with your clients

During this difficult period when your clients are under even greater stress, it is more important than ever to return phone calls or emails on a timely basis. Rule 1.03(a) of the Texas Disciplinary Rules of Professional Conduct says that “A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” Inform your clients about how you can be reached while you are working from home. This information should be emailed to your clients and posted on your website, voicemail, office door and social media. Don’t wait until your clients contact you. Reaching out to your clients first will provide them with extra peace of mind that you are on the job and taking care of business.

Monitor the Courts

Emergency orders from the Texas Supreme Court and the Court of Criminal Appeals are posted here. The Texas judiciary has given guidance to judges on conducting hearing by Zoom, and YouTube channels are being used by many judges to create public access. Many Texas courts have closed, and are being listed here. It is important to keep up with developments for any courts where you have cases pending by checking their websites and those of the administrative courts above them.

Monitor your Calendar

Some courts have expressed a willingness to forgive some impending deadlines, but not all. Statutes of limitations are not negotiable. Missing a deadline is a primary cause of malpractice claims. So be extra vigilant when monitoring your calendar and regularly check the schedule of the courts in which you practice. Whenever appropriate, use videoconferencing or teleconferencing. Arrange for back-up by a trusted colleague in the event you or someone in your office becomes ill.

Check your Mail

You and your staff may be working remotely, but important documents (some with important deadlines) will still be sent to you by mail and delivery services. Arrange for your mail to be checked on a regular basis. Important mail can be scanned and emailed to those who are working remotely.

Confidentiality & Cybersecurity

While you are working remotely, it is critical to have safeguards in place to protect the security of your clients’ private and confidential information. Here are a few best practices to consider.

• Make sure that any personal devices are as fully protected as office devices if you are not accessing a remote office computer. Use a VPN connection to connect with office devices, and on unencypted wifi.
• Set up multi-factor authentication for online accounts which contain confidential client information and your financial information.
• Client data should not be stored on a personal device, including personal cloud storage space.
• Clearly designate where client data is stored while working remotely.
• Be extra careful with email, especially attachments and links. Criminals are taking advantage of this crisis.

Stay Healthy

Follow all of the best practices recommended by the health experts to increase the safety of your clients, staff and yourself. Above all, avoid in-person meetings whenever possible. You can’t serve your clients’s needs if you’re too sick to practice.

Help is Available

If the situation becomes too much for you, don’t suffer in silence. Reach out to your colleagues for help and guidance. TLIE remains available to discuss any ethical or malpractice prevention issues that arise at info@tlie.org. The State Bar has a Coronavirus response page here. The State Bar of Texas is ready to help with resources like the Texas Lawyers Assistance Program when you are feeling overwhelmed by the stress of the situation.

By Mike Yarber