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Loss Prevention

ALAS, Inc.’s (ALAS) loss prevention program is the most comprehensive available in the legal malpractice insurance industry. Our program offers robust added value for our insured firms because it addresses the increasingly complex issues that they face in their daily practice and in their strategic approaches. Changes in the law, including new regulations that directly affect how lawyers practice, along with law firm growth and significant developments in lawyer liability have made effective loss prevention a necessity for law firms. To meet this need, ALAS loss prevention counsel, all former partners at ALAS-insured firms, provide a wide range of services.

Conferences

  • Annual General Meeting and Loss Prevention Programs. The Annual General Meeting (AGM) is the centerpiece of the ALAS year, and loss prevention presentations are a major part of that meeting. Programs range broadly, but always provide useful ideas that the attendees, largely our insured firm liaisons, can implement at their firms. Leading law firm experts help us discuss pressing loss prevention concerns that are illustrated using “mock jury” deliberations, video vignettes, and other audio-visual techniques. Video recordings of the AGM programs are sent to insured firms in DVD format.
  • Regional Loss Prevention Conferences. Since 1988, ALAS has sponsored regional loss prevention conferences with the assistance of our primary firm liaisons. The conferences are held annually in over 40 cities around the United States and the United Kingdom. They feature an ALAS loss prevention presentation and/or group discussion on a topic of interest to our insured firms, as well as a short update on developments at ALAS and in the insurance market. Since 2008, we have offered each region a choice of topics for its conference.
  • Firm Administration Conferences. Since 2001, this biennial conference has brought together top firm administrators from ALAS insured firms to discuss the most perplexing problems that they confront. Recent programs have included panel discussions on lawyer mobility, records management, and the tough economy, as well as breakout sessions on a broad range of topics that concern law firm administrators.
  • Practice-Specific Consultation Groups. ALAS started the annual Patent Consultation Group conference in 2004 in response to insured firm patent lawyers’ requests to discuss their unique loss prevention challenges. ALAS also has sponsored two Bankruptcy Consultation Group conferences, and will continue to do so when warranted.
  • Special Seminars. ALAS also organizes special topical seminars to respond to timely needs of ALAS firms. In 2008, for example, almost 500 insured firm lawyers and administrators attended conferences in 13 cities related to law firm records management issues. We incorporated what we learned from those conferences into a law firm management guide on records management that we published to our insured firms.

    Other special ALAS seminars have analyzed the risks associated with certain practice areas, including estate planning, financial institutions, health care, and bond and municipal finance. We also present loss prevention programs in the United Kingdom, Europe, and Asia for insured firm lawyers in those locations.

Consultations

  • Telephone Inquiries. Loss prevention counsel are available to render advice by telephone on all loss prevention and ethics questions that may arise in insured firms. In 2009, we responded to over 1,400 calls on loss prevention issues, including nearly 500 on conflicts of interest.
  • Loss Prevention Reviews. ALAS loss prevention counsel conduct comprehensive loss prevention reviews at no charge to our firms. An ALAS loss prevention review consists of a detailed analysis of a firm’s claims history and key policies and procedures, followed by a personal visit to the firm to meet with senior management members to discuss these issues. ALAS loss prevention counsel conduct reviews at insured firms on a rolling five-year cycle, but a firm may request a review at any time.

Firm-Specific Loss Prevention Presentations

Loss prevention counsel frequently present loss prevention programs to insured firm lawyers around the world. We use actual claims scenarios to show firm lawyers how situations that arise regularly in their practices can lead to a malpractice claim. By alerting firm lawyers to the potential risks in those situations and urging them to seek help promptly from their in-firm loss prevention partners, we arm them with the tools necessary to minimize exposure.

Firm Management Workshops

In 2009 in response to insured firm demand, we began conducting regional workshops on practice group management, and we plan to offer similar conferences into 2011. These half-day conferences start with a panel moderated by an ALAS representative. The panel includes a respected law firm consultant or other authority on law firm management, a local insured firm practice group leader, and another ALAS representative who discuss a variety of practice group management issues. After the panel, attendee breakout groups discuss topics of concern at their firms. These discussions are summarized in the wrap-up session by the ALAS moderator. Workshop attendance has been strong—attendees have included managing partners, practice group leaders, high-level firm administrators, and loss prevention partners.

Publications

ALAS offers a wide variety of publications to assist insured firms’ loss prevention efforts. All these resources are available in fully searchable format on the ALAS Web site.

  • Loss Prevention Manual. The ALAS Loss Prevention Manual is an in-depth (over 800-page) reference guide that focuses on loss prevention advice relevant to ALAS insured firms.

  • Prototype Lawyers’ Manual.The ALAS Prototype Lawyers’ Manual includes over 60 sample policies and forms specifically designed to address the concerns of our insured firms.

  • Loss Prevention Journal. Published three times a year for all insured firm lawyers, the ALAS Loss Prevention Journal includes articles on a broad range of topics of interest for our insured firms.

  • Loss Prevention Hotlines. For issues that are time-sensitive, such as new court decisions, ethics opinions, or administrative regulations, ALAS periodically e-mails Hotlines to our insured firms.

  • Loss Prevention E-Newsletter. For items that may not merit the immediate attention of our Hotlines, we periodically e-mail an E-Newsletter containing five to eight topical articles to our insured firms.
  • Law Firm Management Guides. ALAS has published a series of law firm management guides that provide practical guidance on important issues. In 2009, we published “Records Management:  A Law Firm Management Guide” as a follow up to conferences we conducted on that subject in various cities. In 2010, we will publish a new guide on the subject of lawyer mobility and an updated guide on employment practices liability. Other management guide subjects include business intake and management liability.

Training Videos and Webcasts

  • Videos. ALAS has produced several training videos that our insured firms find useful for in-house programming. Our DVD, “Welcome to ALAS: An Introduction to Loss Prevention,” is targeted at lateral hires who may come from practice environments not as sensitive to loss prevention issues as ALAS insured firms. Other DVDs have addressed the business intake process, the intellectual property practice, conflicts of interests, and handling mistakes.
  • Webcasts. ALAS began providing live Webcasts to our insured firms in 2007. To date, these Webcasts have addressed a wide range of subjects, including challenges related to law firm management, e-discovery, advanced conflicts of interest, and global practices. Those who miss the live version can view the Webcasts on the ALAS Web site for several months following the live program, and can request a DVD of the program thereafter.
  • Loss Prevention Minute. ALAS produces short Loss Prevention Minute videos that contain reminders about key loss prevention practices. These messages are sent by e-mail to our insured firm liaisons for further distribution at their firms.

ALAS loss prevention achievements are attributable to our unique structure. The mutual nature of ALAS encourages our insured firms to share their experiences with us and with other ALAS insured firms. We hear regularly from firm lawyers about new challenges in their respective jurisdictions or practice areas. They also respond enthusiastically when we seek their help in specialized practice areas, or with law firm management and administrative issues. Further, the ALAS Claims Department shares with us their experience with professional liability law suits. Our loss prevention programs and publications are based on this extensive knowledge of professional liability risks. We are not aware of any other loss prevention program that can compare with the ALAS program.