212. How Can Law Firms Proactively Manage Risk and Address Wellness?

Gary welcomes Jeff Cunningham, Connecticut litigator and fractional general counsel in this podcast episode. They discuss Jeff's work in legal malpractice, attorney discipline, and his emphasis on risk management and proactive client communication. Jeff also touches on the critical role of attorney wellness in reducing malpractice claims and the benefits of having an outside general counsel for maintaining confidentiality and addressing personal challenges. They highlight the necessity of having a crisis response plan for law firms, including readily available legal and professional contacts. The conversation also covers the importance of addressing wellness within the legal profession, the value of building client relationships, and Jeff's satisfaction with his work. The episode wraps up with a call to action for listeners to seek advice and support, especially regarding wellness in the legal field.

The proactive approach to risk management (00:01:26) Jeff explains his role as a fractional general counsel and the importance of managing risk proactively.

Components of a proactive approach (00:02:16) Jeff discusses the essential attributes of his proactive approach, emphasizing the simplicity and practicality of the systems.

Client communication and satisfaction (00:10:26) The importance of client communication and satisfaction in preventing malpractice claims and the impact of communication on client dissatisfaction.

Benefits of outside general counsel (00:16:33) Jeff explains the benefits of using an outside general counsel, particularly in preserving attorney-client privilege and serving as an ombudsman for the firm.

Response Planning (00:20:39) Discussing the importance of response planning for law firms in the event of a cyber breach or other issues, including the need for a plan and contacts.

Importance of Wellness and Risk Management (00:23:59) Highlighting wellness as a significant challenge for lawyers, connecting it to various problems, including client communication, knowledge of the law, conflicts, and financial issues.

Impact of Flat Fee Model (00:29:16) Exploring the benefits of a flat fee model in building stronger connections with clients and understanding their personal lives, leading to a more fulfilling professional experience.

Jeff Cunningham’s practice focus runs the gamut of professional liability exposures but with a particular emphasis on lawyers. He defends lawyers and acts as outside General Counsel to solo to mid-sized law firms across the United States. For over a decade, Jeff has defended industry professionals in a wide range of professional liability, ethics and professional disciplinary matters. His extensive background in civil litigation includes commercial disputes, varied malpractice claims, D&O liability, employment and labor law, catastrophic personal injury, premises liability and products liability. With an emphasis on simple systems of risk management, Jeff brings a holistic approach of protecting his clients before problems occur.

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