October 14, 1998

Present at the meeting were Steve Hensen, John Phillips, Christopher Buckman, Dan McCune, Mike Ludwig, Michael Canges, Mike McConnell, Dave Little, Reba Nance, Michael Mihm, Chuck Turner, Heather Burkham, Donna Lloyd and Gary Abrams.

Robin Beattie, Donna Lloyd and Gary Abrams reported on the 1999 Malpractice Prevention Seminars. The speakers and topics are largely in place, as is the agenda. The Committee discussed whether to have the seminar be a half day program, a full day program or, as Ms. Beattie, Ms. Lloyd and Mr. Abrams have planned, to end the program at 3:00 p.m. The consensus of the Committee was that the program would be more effective if it ended at 3:00 p.m. The seminars will be scheduled beginning Friday, January 15, 1999 at the Hilton Hotel in Grand Junction; Friday, January 22, 1999, in Colorado Springs; Friday, January 29, 1999 at the Marriott in Downtown Denver; and Friday, February 5, 1999, in Greeley.

Heather Burkham reported on the status of the "Whoops" publication. The January issue of Whoops is in place. Because of other professional obligations, Phil Masterson has asked for some assistance in his editorial functions with respect to Whoops. Mike Ludwig volunteered to take over as editor of Whoops, with Phil's assistance.

Reba Nance reported on the Speakers' Bureau. There have been a couple of recent requests for speaks, including a request by the Well County Bar Association. Ms. Nance and Michael Mihm will put together another letter advertising the availability of the Speakers' Bureau to various committee chairs.

Chris Buckman reported on developments within Westport Insurance Company. Westport has had its A ++ grading renewed by AM Best and also by Standard Poors and Moody.

Michael Mihm discussed the malpractice prevention checklist that the Committee had discussed developing for sometime. Dave Little and Chris Buckman will provide information to Mr. Mihm for purposes of identifying where the claims are coming from within specific practice areas. The Committee agreed that the individual Committee members would take responsibility for preparing malpractice prevention checklists for specific practice areas, in conjunction with a knowledgeable lawyer in that practice area. Mike Ludwig agreed to take responsibility for the personal injury practice checklist; Michael Canges agreed to take responsibility for the family law checklist; Robin Beattie agreed to take responsibility for the elder law checklist; Steve Hensen agreed to take responsibility for the real estate checklist; John Phillips agreed to handle the probate/estate planning checklist; and Mike McConnell volunteered to handle the checklist for corporate/business organizations practice. Michael Mihm will coordinate the effort and provide assistance as needed.

The members of the Committee were not aware of any legal malpractice appellate decisions in the last month or two.

The Committee briefly discussed the status of Restatement (Third) of Law Governing Lawyers. The Restatement may now be in its final form. Mr. Mihm will make some inquiries.

Mr. Mihm expressed that he wanted the Committee to put on a program at the CBA Convention which is scheduled in Vail for the second week of September. Committee members will think about potential subjects for a program at the Convention.

Dave Little reported on his discussions with Robert Yegge, of the University of Denver Law School, Richard Rogers of the Campbell University Law School, and others concerning possibility of putting together an intensive program for new lawyers who find themselves in Colorado or without a job, who wish to open their own practice. The concept would provide for an extremely thorough and somewhat intensive program for young lawyers which would focus on the practical aspects of the opening a law office, signing leases, establishing internal systems, marketing, and other issues that are not emphasized in law school but impact the ability for a lawyer to make a living practicing law. Mr. Little suggested that any such program provide financial and professional incentives to new lawyers entered the program. The Committee's response was enthusiastic. Mr. Mihm stated that he felt this was a very important function for the Committee to undertake, perhaps with in conjunction with the Law Practice Management Committee or other committees. We anticipate it will take at least a year, and possibly longer to put a first rate program in place. We will also require some training of the instructors.

Mr. Mihm moved that the Committee establish a Subcommittee, and that Dave Little be appointed Chair, to explore the possibility of pursuing such a program. The motion was seconded by Mike Ludwig. Mr. Hensen and Mr. Mihm volunteered to assist Mr. Little on the Subcommittee.

There being no further business the Committee adjourned.

Minutes by Michael T. Mihm

PS: Please note that the November meeting has been moved one day ahead to Tuesday, November 10, 1998, to accommodate the commitments of the Chair and the federal holiday.