Wednesday, 4th December 2024
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.
If you are a member of the Law Society then look at the support that is available to you through LawCare. If you are looking for an independent senior barrister who is sympathetic to the problems of being a practitioner and who has already volunteered to help, then consider the Support for practitioners by the WA Bar.
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.
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
All articles from Canadian Bar Association unless noted otherwise.
All articles from Canadian Bar Association unless noted otherwise.
If a claim is made against you or if you become aware of circumstances that might lead to a claim, then contact Law Mutual as soon as possible. Often they can take action, or provide advice and guidance, so as to minimise the damage.
