Risk Management

Keeping clients informed.A major source of both complaints and claims is the failure by solicitors to communicate effectively with their clients.Clients want to know what is happening in their cases.

They want to be consulted on developments so they can decide what to do.

The solicitor's task is to gather information, pass it on to the client, and advise as appropriate, so the client can make an informed decision and instruct you accordingly.

These simple steps, if followed, would help to eradicate the infamous statement which accompanies many claims: 'If I'd known about that, I would have instructed you differently.'Here are some tips on maintaining an effective flow of information to a client:l Start off on the right foot.

When sending the client a retainer letter, explain likely timescales, limitation periods, legal and technical terms (what the term 'local search' actually means), and how best to communicate with you (especially if you spend large amounts of time out of the office).l Send copy letters and opinions to the client with a covering letter explaining what they mean.

Do not send documents to the client with a letter saying simply 'Herewith report, please let me have your views.'l Ensure the client is regularly kept advised of developments, even if there have not been any.

Don't simply write and say nothing has happened on the file.

Explain why nothing has happened, for example, 'I am still awaiting the expert's report, which I am assured will be sent out next week.'l There should be a firm policy as to how often the client should be contacted, depending on the type of matter.

For example, in a property transaction you may wish to contact the client at least fortnightly, whereas in an administration of an estate, you may consider that the minimum contact should be once a month.l Use the diary system and file review system to ensure regular contact with the client.

If you promise to contact the client in two weeks' time, make sure that a date is entered in the diary to this effect, and make sure you react to the date.

Regularly review all your active files to ensure that there is no delay.l A good test of whether you are keeping the client informed is to take all the client correspondence and attendance notes off the file and read them.

They should present a detailed history of the matter with all relevant advice, which can be clearly understood from reading those papers alone.

Alternatively, they may reveal that the client has not been kept advised, his instructions have not been sought, and that large gaps exist in the advice given.l If you tell the client you are going to do something, then always make sure you do it and tell the client when you have done it.This column was prepared by the St.

Paul risk management team.