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.

Help Us Improve

Please give us feedback about your experiences using Foolkit and ideas for improvements.

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.

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: Tracey Nelson, 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.

Recent Articles

All articles from Canadian Bar Association unless noted otherwise.

Risk

• Estate Planning for Your Digital Assets
• A Little Something in Writing to Remember It By
• Who gets your passwords when you die? Montreal Gazette
• Social Ethics You are at the party and you see him coming, the guy across the room you barely know, but he knows you are a lawyer....
• Insuring the Firm’s Future Obtaining disability income protection for all lawyers help retain staff and is affordable (ALA)
• Preparing for disaster The benefits of business continuity management, and some practical tips for creating an effective business continuity strategy (TJO)
• Reducing Your Exposure: Seven Steps to a Law Firm Risk Management Program Risk management is now, more than ever, critical to effective business management, to surviving difficult times and to flourishing as economic conditions improve.
• Not If, But When: Prepare a Disaster Recovery Plan Today
• Calculated gambles Lawyers sell risk avoidance. But what if clients learn to live with risk?
• Sharing the Risk But Who Insures My Profitability?