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A-Z of Risk Management

Archives
Make sure you know how long all completed files should be kept for (expiry of limitation periods), and that they are easily obtainable if necessary.  Create inventories of all completed files where possible.
 
Business Continuity
Make sure you have proper disaster recovery procedures in place.
 
Checklists
When a file is completed, it should be reviewed to ensure that all tasks have been finalised and bills paid.
 
Diary
Ensure that all staff have access to a central diary and everyone knows when deadlines are.
 
Emails
Ensure that an email is as professional as a letter would be.  Also ensure that another lawyer checks your email if you are out of the office or set your email to autoreply, with another lawyer’s contact details for urgent matters.
 
Filing
All files should be kept up to date and be easily accessible should another lawyer need to pick up on work.
 
Generation Gap
Ensure that senior members of the firm are up to date with all basic modern technology, ie emails and electronic calendars.
 
Holidays
Make sure there are sufficient staff resources so that all work can continue in a seamless fashion.  Clients are also to be informed of any lawyer’s absence.
 
Induction Courses
All new staff should be properly trained on all aspects of their job scope and risk management procedures.
 
Joint Instructions
Ensure that all instructions are in writing.  Check in with the other lawyer(s) periodically that everything is going according to plan.
 
Knowledge Based Risk
Problems arise with lawyers dabbling in areas of law that are unfamiliar and improperly understood, and with the failure of staff keep abreast with changes in legal administrative processes.
 
Limitation Period
Ensure that critical dates are verified at the outset, taking into account international treaties (where applicable).  Set-up a system of reminders.
 
Manager
Appoint a risk management partner, someone who can coordinate all claims, circumstances and proper risk checks are in place to prevent future problems.
 
Notification
If you have reason to believe that a notification may be coming your way, act accordingly and make sure the risk management partner is informed.
 
Open-door Policy
All staff should feel comfortable talking about possible problems or mistakes which may have been made.
 
Privacy
All clients are entitled to complete confidentiality, make sure that all work is kept confidential and sensitive documents are stored safely.
 
Quoting Fees and Time
Be realistic when quoting probable expense and time to clients.  Do not be tempted to underestimate in the hope of winning the client over.  If the client feels misled, a negligence claim could be the result.
 
Retainer Letters
One of the most important aspects of risk management in a law firm.  Outline in your letter everything that will be undertaken, and cover all aspects of the case within the initial retainer letter.
 
Supervision
Remember, good supervision involves follow-up and retaining responsibility of work assigned.
 
Training
Staff development is not limited to ‘hands-on’ experience.  Firms should include staff training needs in their annual plans and/or budget.
 
Unusual Requests
Be wary of clients who are reluctant to provide details of their identity or make unusual requests.  Avoid unreasonable obligations.  Say no to work if you are at all unsure.
 
Vocabulary
Whilst documents may require legalese, it is important that you communicate with clients in a language that they understand.
 
Workload
Learn to delegate.  Too much work may result in missed deadlines, oversights and possible claims of negligence.
 
Year-end Festivities
Whilst it is important to enjoy yourselves at this time, remember to ensure the client still receives professional service at all times.  Inform clients ahead of time if the firm is going to be closed and provide emergency contact numbers.
 
Zeal
Zeal for your work is good, however, human concern and genuine compassion for your clients could also reduce would-be complaints, as well as increasing the likelihood of future work.