Navigating Limited Scope Law Ethics Effortlessly

1. Ethics and Limited Scope Law Ron Jones

2. Ethics and Limited Scope Law The difficult yet fine art of practicing limitedscope law in a prepaid legal services environment

3. Ron Jones • AZ Native, wife and 5 kids, 11 grandkids • Gun enthusiast, published one book and have second book in editing phase • Love music, outdoors, reading, family • Practiced estate planning and biz planning • Had own firm and worked for others, worked as corporate counsel • Six years experience in call centers • Joined DMMG in 2006 as Supervising Attorney of LegalShield Department

4. Arizona Approach • This is Arizona law, ethics, provider firm operations, etc. • Your law, rules, operations, approach may be similar or very different • Maybe you’ll get an idea you like or don’t like • This presentation is designed for telephone-level attorneys

5. Rule 45, Ariz. R. Sup. Ct. • Professional responsibility includes instruction in legal and judicial ethics, professionalism, and malpractice prevention, and may include such topics as substance abuse, including causes, prevention, detection and treatment alternatives, attorneys' fees, client development, law office economics and practice, alternatives to litigation for managing conflict and resolving disputes, stress management, . . . .

6. Vince Lombardi: This is a Football

7. Game Plan for Today • Environment • The objective of the game • Play to win • Examples of what’s not good • Final Comments

8. Tweeeeeeeeeeeeeeeet!

9. Our Environment

10. Our Environment • DMMG - Provider Firm • LegalShield • Culture • Goals • Successes • Legal plans (many, varied, complex) • AS400

11. Our Environment • LegalShield Sales Associates • They pay our salaries • They are trying to figure it out even as they are trying to make a living, like us • They are trying to make a difference in people’s lives, like us • Members/Clients (only “clients” when they have an active file)

12. Our Environment • Where you fit in (our department’s marketing goals) • Brand Davis Miles • Educate and Advise the Members • Build Business for Traditional Attorneys • Sophisticate the Associates • Strengthen Client Relationships • Retention is one huge key to success

13. Our Environment • The Benefits • Phone-Level Benefits • Phone Advice • Research • Document Review • Letter/Call to Opposing Party • Will Package • Referral Benefits • Which matters to refer • When to refer

14. Arizona Ethics Rule 7.3 • (d) Notwithstanding the prohibitions in paragraph (a) (in-person solicitation), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

15. From ER 7.3 Comment 11 • The communication permitted by these organizations . . . must not be directed to a person known to need legal services in a particular matter, but is to be designed to inform potential plan members generally of another means of affordable legal services.

16. Last Sentence of Comment 11 • “Lawyers who participate in a legal service plan must reasonably assure that the plan sponsors are in compliance with ERs 7.1, 7.2 and 7.3(b).  See ER 8.4(a).” • 7.1 Can’t make false or misleading statements about the lawyer’s services • 7.2 The advertising rules (clear and conspicuous, can’t give inappropriate value to advertiser, include contact info of law firm, fees, expectation of success, etc.) • 7.3(b) Can’t solicit, no coercion, no PI solicitation • 8.4(a) Can’t violate ER or induce another to do so

17. Our Environment • The Ethics of it all • ABA/State Bar support of prepaid legal plans (affordable access) • Attorneys and Sales Associatesmust follow ethics rules • Corporate Office and Provider Firms (chicken and cow contribution vs. pig commitment)

19. Our Environment • Net Promoter Score and Insight Training • Do they really make a difference? • NPS is counter-intuitive in our environment • Keep the balance (manage the stress)

20. The Objective of the Game

21. The Objective of the Game • Football: Score more points than your opponent • Running: Cross the finishline in “good time” • Limited Scope Representation • One of the hardest thingsto learn for a phone-levelattorney • Takes about a year, usually • Some never get it

22. Concept: Desired Outcome

23. Concept: Desired Outcome • What you want to have as a result: • Sports: Your team ending the game as the winners, with no injuries • Business: Someone walking out of the store with something they bought • Church: The parishioners walking away from the sermon determined to be more faithful • Family Fun: Coming home from a family day at the beach with everyone happy and no sunburns

28. Desired Outcome • Per File • Two to four closes • Reasonable resolution • Make the client happy • Listen to the client • Generate a good referral

29. Desired Outcome • Per Call • Get the file off the screen • Not too long on the phone • Help the client feel heard/respected/helped • Move the matter forward, toward resolution • Do your best each time

30. LegalShield Member: • Thank you so much.I couldn’t have done it without your help.

31. Compliance • 3:00 to 6:00 is crunch time • Call what you’re supposed to call • Don’t call what you’re not supposed to call • Plan ahead, but don’t get ahead • Keep your workflow organized • Be a team player • Maintain balance

32. Sometimes We Run Like Our Hair’s on Fire!

33. Miscellaneous Objectives • Sound advice and good work product • Follow ethics rules • Excellent customer service • Generate referrals • Originate work to DMMG • How you get paid • Maintain balance (Speed/Quality)

34. Let’s Talk About Speed

35. Play to Win — Speed • Break up the consult • Don’t write a book • Don’t research before you call • Don’t overanalyze before or during the call • Use two screens • Don’t redo your staff’s good work • Walking, jogging, sprinting

36. Play to Win — Speed • Offer research strategically • Research vs. “Research” • Don’t be afraid to say, “I don’t know” • Don’t waste time researching • Let the benefits protect your income (don’t over-serve) • Give the client homework • Don’t write the letter in advance

37. Quest to be Your Best

38. Play to Win — Quality • Discuss the scope of service • Give one full scoop • Be a good bartender • Don’t give away free food • Formulate a plan from the start • No good deed goes unpunished • How to handle four letter words • Take good notes for continuity

39. Play to Win — Quality • Include the $ amount at issue • Be their knowledgeable friend • Be the adult • Draw out the relevant facts • Guide them to a good result • Stay on the playing field • Make good referral notes • Employee/Employer Amendment – Don’t tell them to ask Corporate

40. Play to Win — Quality • Use client’s first name in notes • Explain who called who • Don’t be afraid to say “No” • A Member Resolution (Complaint) can be your friend • Get a second opinion from another attorney on your team • Don’t be an island

41. Generate Better Referrals

42. Generate Better Referrals • Don’t be an idealist • Care enough, but don’t care too much • Don’t refer too soon • Don’t refer too late • Build trust • Educate your client from the beginning

43. Referrals — When to Go for It

44. Generate Better Referrals • Don’t be an idealist • Care enough, but don’t care too much • Don’t refer too soon • Don’t refer too late • Build trust • Educate your client • Make good referral notes

45. Good Referrals Take Great Skill

46. What’s Not Good • Talk to both H&W about divorce • Say “We don’t write to government agencies” • Negativity about LS or your firm • Give tax advice • Email directly from your email • Say “Limited Scope” • Say “Just Google It” • Many others

47. Final Thoughts • Very rewarding way to practice law • The better you learn the basic skills, the happier you’ll be • Rewarded (in several ways) • Feel rewarded

48. Go Get ‘Em Team