Risk Management

Take Charge of Your Mistakes

Rule No. 1. Do not panic.

It is not the end of the world. Nobody has died from making a legal mistake .... yet.

Rule No. 2. Talk to somebody about it.

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 Law Claims. 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 Papa Panel provided by the Law Society of South Australia. (you need to log-in to access the list, or just call them).

The Independent Bar are also very supportive of practitioners in times of crisis.

Rule No. 3. If a client complains absolutely do not bury your head in the sand, throw bombs back again or despair.

Law Claims

Law Claims web site

Level 3, 132 Franklin Street
ADELAIDE  SA  5000

DX 400, ADELAIDE

Telephone: (08) 8410 7677
Fax: (08) 8231 7798

Email: email@lawguard.com.au

There be dragons.

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 Law Claims' 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 Claims 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 Practitioners Conduct Board.

Law Claims solicitors can provide advice on the particular expertise of Counsel for specific matters causing problems for practitioners.

Law Claims' solicitors are also happy to provide advice and resources to practitioners who wish to evaluate and improve their office systems and procedures. This includes providing in-house sessions for all your staff so that everyone understands why these measures are important and must be strictly followed.

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.

Prevention Rather Than Cure

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.

Protect Yourself

• One of the greatest risks to yourself and your practice is to ignore your own personal wellbeing. Visit our Wellbeing Page.
• Review your own personal asset structure, or discuss this with a lawyer who is experienced in that area.
• Are you looking after your own financial well-being and applying your risk management skills to your personal life?
• Is your Will in order? Do you have a Power of Attorney for yourself?
• When I Die ... an article from Law Practice Today (ABA) with valuable and frequently overlooked tips on how to prepare your practice for when you are no longer living.
• Regularly review your professional indemnity insurance requirements, superannuation, life and income protection insurance.
• Set your risk management priorities to devote resources where they are most needed.
• Small Business Scams

Training

The Risk Management Advisory Service of Law Claims can assist lawyers seeking information and guidance on various matters. It is a free service that utilises the skills of experienced practitioners and consultants. Contact the Risk Manager on (08) 8410 7677

They also have a Risk Management Education Program and will run in-house training programs tailored to your firm's needs.