Risk management

Egg on your face?


A professional negligence claim can cause considerable stress.

It is even worse when that distress is compounded by acute embarrassment.





Imagine yourself in the following situations:



Blushing bride

After acting for Mary in connection with her divorce, you are invited to her second wedding reception.

It is just as you are reaching for your glass of champagne that the awful truth dawns on you.

You failed to apply for her decree nisi to be made absolute.



Explain to the client what is meant by decree nisi and absolute, tell them the appropriate timescales, and always obtain their instructions.

Diarise the dates, and make sure that you react to them.





Conversation piece

To become the centre of attention in the pub, you start telling your group about some lurid allegations that have been made against one of your clients.

Your friends frantically try to warn you, but it is too late...

the client is sitting behind you, open mouthed.





The Guide to Professional Conduct says: 'The duty of confidentiality is fundamental to the relationship of solicitor and client.' This duty is owed by all members of your staff.

Never discuss a client's affairs in public.





Blotted copybook

One of your more awkward clients is on the phone for the third time today.

You are making an attendance note.

Your inner thoughts about the client should stay just there, in your inner thoughts.

Comments like 'this client is mad' never sound too good when they are being read out in court, for example by counsel for the claimant in a negligence action, which the client brings against you.





Never commit to writing anything that you would not be comfortable hearing read out in court.

If you are asked to forward a file to another firm of solicitors, check which items should be handed over, and those which you are entitled to retain.

Do not embark on an exercise of destroying documentation or correspondence.

Pursuing this course of action could get you into a great deal of trouble.





Counsel of despair

Tom had a good working relationship with his secretary, who understood exactly what he wanted with minimum instruction.

He dictated: 'Counsel has made some hand-written amendments to the claim particulars, please do a fresh set and do the necessary with the court and get them served.'





Tom's secretary was taken ill, so a junior helped him to clear her backlog.

The junior typed counsel's amendments, with his observation, 'we may as well plead this, although I doubt we stand any chance'.

The error was not picked up before service.





Always check letters and enclosures carefully.

If you are out of the office, consider whether your post should be signed in your absence, or held for you pending your return.





- This column was prepared by the St.

Paul risk management team.