Werner Karl Heisenberg
It is not the end of the world. Nobody has died from making a legal mistake .... yet.
This will help to get it into perspective and you can start getting help to see if there really is a problem. There may be answers that you have not seen. If there is, then together you can work out what you might do about it.
Talk to LawCover. They are very experienced and will talk to you confidentially.
If you are looking for an independent senior solicitor who is sympathetic to the problems of being a practitioner and who has already volunteered to help, then consider the Senior Solicitors' Scheme of the Law Society of NSW.
The Lawyers Assistance Program (LAP) is a free and confidential counselling service for solicitors suffering from stress, depression or other personal difficulties. By contacting LAP you initially speak in confidence with a trained coordinator, who is also an experienced solicitor.
To speak with the LAP coordinator call 1800 777 662.
Please give us feedback about your experiences using Foolkit and ideas for improvements.
Go back to basics, often. Take statements from your client and ensure that you have correctly understood these and what they want. Confirm your instructions in writing. Remember to check that office procedures are actually being followed - was the retainer signed? Did that revised cost estimate go out?
Slow down and think about your file. Take a step back. Write your letter of advice and then, if time permits, come back to it a day or two later. Speak to a colleague about the direction your difficult file is taking.
Respond to client concerns. Be sensitive to comments made by clients that might suggest that they are not happy. Talk to them about their concerns in an open and honest fashion.
Do you really know what you are doing? More often than not it is better to reject work that you don't usually do - better for you and better for your clients. When to Say No:10 Ways to Select and Reject a Client.
Use centralised diaries for time limits and other important information. Make sure that more than one person checks the document.
All articles from Canadian Bar Association unless noted otherwise.
CBA Alternative Fees Collection of articles
For information about risk management in the modern law firm, consider this article from the Law Society of Scotland that covers issues such as lawyers working from home and the 'paperless office'.
San Francisco lawyer Tom Berman writes about defensive lawyering - putting in place preventative measures so law claims don't come knocking.
The American Legal Management Association has published an index of their Resources on Disaster Planning.
Lawyers@Risk blog - The risk management blog of The Victorian Legal Practitioners Liability Committee.
See also their list of publications.
Critical Issues facing the legal profession. Canadian practicePRO
See also Foolkit's Practice Management Page
Electronic data security - Canadian practicePRO
See also IT on Foolkit's Practice Management Page
Charity/non-profit board risk management checklist - Canadian practicePRO
Departing Employee Technology Checklist - Keeping the Fox Out of the Henhouse
Level 12,
580 George Street.
Sydney NSW 2000
DX 11527 Sydney Downtown
Telephone: 02 - 9264 8855
Fax: 02 - 9264 8844
Email: lawcover@lawcover.com.au
Do you have a "too hard" or "bottom of the pile" file or are worried that you might have done something wrong?
The best thing to do is to call one of LawCover's solicitors. They are all very experienced practitioners, and they have heard it all before and understand the stresses of legal practice and how these things can happen.
A confidential discussion may be all that it takes to get the matter moving or to find a practical solution to your impenetrable problem. avoid the dangers.
If there is a potential claim then it is best to get them involved from the earliest opportunity. There is no black mark on your file and no effect on your policy in doing this. It is only when Law Cover has to make a payment under their insurance that your premiums are effected.
Any question of unprofessional conduct is an entirely separate issue. Though, if you bury a problem and it blows up, that will be viewed dimly by the Legal Services Commissioner.
LawCover is also happy to provide advice and resources to practitioners who wish to evaluate and improve their office systems and procedures.
Life is so much more pleasant and it so much easier to see the answers to problems when you are not totally stressed and are getting a good night's sleep. Consider also the information on Foolkit's Your Wellbeing page.