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ABA Rule 1.1 Competence:!
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.!
ABA Model Rule 1.3 Diligence:!
A lawyer shall act with reasonable diligence and promptness in representing a client.!
ABA Rule 1.4(a)(3-5) Communication:!
(a) A lawyer shall:!
(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;!
(3) keep the client reasonably informed about the status of the matter;!
(4) promptly comply with reasonable requests for information!
• Attorney was disbarred after failing to keep client reasonably informed regarding the counterclaim, the sanctions, or the invitations from opposing counsel to settle the litigation arising from real estate sale.!
• On appeal, appellant referred to conversations that he and associates allegedly had with his client and contended these communications show he kept her reasonably informed regarding the status of the case and that he explained relevant matters to her. However, “[i]t is not the quantity but the quality and content of the communications that shows compliance with Rule 1.03.”!
310 S.W.3d 598 (Tex.App.-Dallas 2010)!
• Attorney filed a motion for sanctions and contempt--“rife with typos” and based upon inapplicable Texas procedural rules--seeking, among other things, judgment in his client’s favor, sanctions and a contempt order for improper service.!
• Days later, the attorney withdrew his motion saying that defendants had in fact served their motion on his client but that it had been “wrongfully filed in another client's file.”!
• At his client’s hearing, the attorney was “unprepared and appeared unable to grasp basic legal concepts in Defendants’ motions or even those contained in his own briefing.!
• The court found that the attorney had non-lawyers draft and file pleadings bearing his signature without an appropriate level of oversight, and had made false representations to the court, fining him more than $70,000.!
No. 3:04-CV-2461-B, 2006 WL 507944, (N.D. Tex. Jan 10, 2006)!
• Attorney was disbarred after accepting settlement offers without permission, failing to communicate with clients, and neglecting a legal matter entrusted to him as a lawyer.!
• In one case, a client testified that she did not give the attorney permission to settle her personal injury case. She stated that the attorney merely presented her with a disbursement sheet showing a total settlement of $24,000. He told her “better something than nothing,” and asked her to sign the disbursement sheet, which she did.!
124 S.W.3d 380 (Tex.App.-Dallas 2003)!
• According to the ABA’s “Profile of Legal Malpractice Claims: 2008-2011,” claims involving administrative errors and matters account for over 40% of all claims asserted against attorneys.!
• Attorney administrative errors labeled “procrastination in performance” (9.7%) and “lost file, document, evidence”(7.1%)—which was almost non-existent in ABA previous studies—rose the most among administrative errors.!
Effort
Results
Effort
Results
What’s the one thing I can do such that by doing it, everything else will be easier or even unnecessary? !
The One Thing: The Surprisingly Simple Truth Behind Extraordinary Results. By Jay Papasan and Gary Keller!
Purpose: Overall Life Mission!Priorities: Most Important Areas/ Things to Accomplish!
1.) !
2.) !
3.) !
Helping people by leading by positive example and living a principle-centered life!
!
!
1. Spiritual!
2. Health!
3. Personal!
4. Key Relationships!
5. Job !
6. Business!
7. Finances!
3 Most Important Things To Accomplish In The Next 13 Weeks!
Translate Into Weekly Tactics!
Score Progress!
Tactics for Quarterly Goals!
Consistent with Purpose & Priorities!
Big, High-Value Lever Activities!
Few Key Daily Tactics!
Focus Time!
Buffer Time!
Free Time!
Projects Lists!
Task List (sortable by due date and owner) !
Project Report with Tasks, Team, and Status Comments !
Periodic Same Page Meetings!
Personality Profile: !
Visionary – Futuristic Goal Thinkers!
Social – Socially Oriented!
Research – Technical, Detailed !
Organizational – Conformity, Specifics!
What’s the one thing I can do such that by doing it, everything else will be easier or even unnecessary? !
1. Hard To Resist, Easy, Pleasurable Impulses!
2. Humans Don’t Like Quiet, Focused Time!
1. Lack of Self Awareness!
2. Lack of Clarity as to Purpose/Priority/Levers!
3. Chaos happens when you go long!
4. Believe you can do it all:!
Frozen!
Urge to Flee!
“The Dream”!
Phone Call!
Ask The Focusing Question!
Write Down Your “One Thing” For The Day!
Visualize Succeeding On Your “One Thing” Driving To Work!
Do It First Thing!
Take A Short Break!
Repeat!
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