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1 - Welcome to Private Practice
John points out that professionals are personally liable for what they do (up to and beyond death!) and, with the help of a poignant case history, he underscores some of the fundamental measures technical professionals can apply to avoid problems; e.g., don't use jargon, prepare a written agreement, use limitation of liability and alternative dispute resolution, obtain professional liability insurance, document oral discussions in writing, and - above all - do it right or don't do it at all.
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2 - The Roles You Will Play
Technical professionals who gain responsibility in an organization also gain more roles; they are called upon to do more and need to do it well. Failing to understand that can result in poor performance, and that can lead to problems. John discusses typical roles professionals come to play, including: reporter, writer, editor, proofreader, leader, manager, supervisor, HR manager, performance reviewer, mentor, salesperson, marketer, public speaker, meeting manager, interviewer, contractor liaison, colleague liaison, client liaison, government liaison, regulatory specialist, negotiator, mediator, diplomat, risk manager, insurance coordinator, lender, bill collector, lawyer, and accountant.
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3 - What Client Representatives Really Want, Part 1
Client representatives are the people who represent your clients, the latter almost always being organizations. By using the term "client representative," you reinforce he concept that your job is to delight client representatives by making them heroic within their organizations, thus to defend against lawsuits and to obtain new business, referrals, and an excellent defense against claims and losses. John discusses one of those most important techniques available for doing this - expectation management - and also addresses the many character traits you need to be aware of and demonstrate.
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4 - What Client Representatives Really Want, Part 2
Recognition can be an extremely important factor when it comes to risk management and business maintenance/development. John focuses on what recognition involves and a variety of techniques for providing it; from telephone answering to rewarding a client representative for a referral. Active listening is another important technique for demonstrating recognition, in both business and personal pursuits; John highlights what's involved.
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5 - The Standard of Care
Professional negligence is a failure to abide by the standard of care that results in damage or injury. But what is the standard of care? John explains, using two case histories - "The Case of the House on the Hill" and "The Case of the East Tennessee Trench" - to exemplify key issues, including the concept of "no harm, no foul." He also discusses the role of expert witnesses, and how some - "hired-gun experts" - say whatever they believe needs to be said in order for their clients to win. "Forewarned is forearmed," John says - and he's right.
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6 - Third Parties and Your Duty of Care
John explains the duty of care that professionals owe to third parties (those not a party to the professional-client contract) that or who could foreseeably be injured or damaged. John also explains what foreseeability is and why abiding by a client's wishes may be the wrong - dangerously wrong - thing to do. John uses four case histories to illustrate his points: "The Case of the Condo Conversion," "The Case of the Hook in the Cell," "The Case of the Angry Drunk Loser," and "The Case of Somebody's Gotta Pay."
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7 - Professional Liability Insurance
John explains the many weaknesses of professional liability insurance and why practitioners should regard it only as a safety net (and not a particularly reliable one) and not a trampoline. He discusses the nature of claims-made coverage (vs. occurrence-based), prior-acts limits, aggregate limits, and uncovered exposures, such as contractual liability. He also points out the additional, uninsurable costs of the deductible, lost time, aggravation, lost productivity, and lost sleep.
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8 - Justice Theatre
John explains the litigation process and the time, cost, frustration, and aggravation associated with the research, discovery (file review, interrogatories, depositions), and settlement or trial (and appeals) involved. He also discusses the value of the distraction that can occur, along with loss of reputation. His purpose? To encourage practitioners to avoid situations that lead to litigation, and to employ alternative dispute resolution when possible.
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9 - Managing Your Personal Liability Risk
Professionals have personal liability exposures whether or not they are licensed, no matter how large or small the organization they work for. And in some cases, those exposures can last even after a professional dies. That being the case, professionals need to select projects and clients with care, and they need to ask what for some may be difficult questions: Have you done a project like this before? Where will your funding come from? Who have you worked with before? As John explains, there's too much at stake to ignore the risk associated with just about any project. The first step is to learn about the project and the client - public-sector or private-sector - behind it.
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10 - Documentation
Committing oral communication and observations to writing is essential, especially for purposes of risk management. Some writing is better than others, however, and - when it comes to documentation - the best writing conveys important detail. In order to do that, the writer needs to apply six content questions: who, what, when, where, how, and why. John demonstrates how viewers can get into the habit of applying this important technique to their own writing, simply by practicing on documentation they've already prepared.
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Webinar: Profreading 101
“Read it slowly and carefully two or three times.” That’s what some people are told and what they do, only to realize that they miss the same typos, misspellings, omissions, and other writing gaffes slowly and carefully! There’s an art to proofreading; things you need to know to prevent your eyes and brain from conspiring against you. This webinar – which includes two exercises and answers – is a must for anyone who writes…and geoprofessionals happen to write more than just about any other professionals: proposals, contracts, reports, letters, memos, updates, clarifications, questions, and answers, in hard-copy form, as word-processed documents, and in e-mails, texts, and other new media, some of which have been created just since you began reading this description! This webinar on a CD will be useful for years to come.
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Webinar: DIRTY WORDS: Taboo Words, Absolutes, and More
Especially when it comes to business disputes, what’s in writing can make all the difference. Use the wrong word and you could be sunk. What’s the wrong word? How about a word like “certify,” which means “guarantee.” Use it improperly and you can expand your liability a thousand-fold, into areas where you have no insurance coverage. What about “representative”? When does using it create an uninsurable fiduciary responsibility? Do you realize that “a number of,” “several,” “few,” and “many” mean one thing to the user and another to the listener or reader? Why are “safety,” “work product,” “investigate,” and “inspect” so dangerous. Get the answers from this highly instructive, witty, one-hour presentation by the “dean” of geoprofessional risk management, John Bachner.
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