Risk management

Communication - key to client careLucy was buying a flat in a self-contained block.

She had to move quickly, because she would soon be forced to leave her current accommodation.

Lucy's solicitor, Vic, sent her a detailed report before exchange, which included all the information she could possibly want: a six-page letter crammed with information set out in long paragraphs, the contract, the fixtures & fittings form, the Property Information Form, Office Copy Entries and a copy of the lease.

A possible problem was mentioned on page three of the letter.

The landlord lived abroad.

Alive to the dangers, Vic explained that if there were breaches of covenant by the landlord and she needed to take action, difficulties might be encountered.

The situation was not satisfactory.

Unresolved problems might affect her ability to sell.

All this was set out in the letter - but was the meaning clear?It was sent to a lay client, a young women buying in an unusually stressful situation.

The crucial advice was buried away in a thick wad of paper, much of which was incomprehensible to her.

Vic had identified the problem with the property, but not in a way that was quickly and readily understandable by his client.

Lucy suffered from information overload - she received Vic's message but did she understand it? Only then would there have been real communication.

Of course, some responsibility lay with Lucy to say whether she understood, but admitting ignorance would have been as difficult for Lucy as criticising Vic's turgid correspondence.

Adopt a user-friendly style and layout.

If information is crucial, mention it at the outset.

Emphasise important points by using bold type or underlining.

But don't overdo it.

Write in short paragraphs.

Use short words and avoid jargon.

Consider numbering your paragraphs or using bullet points.

Frame your sentences in the active rather than the passive.

One short bit of advice would have been of enormous benefit to Lucy: 'If you buy this flat you may find it very difficult to sell - you may even be unable to sell it.

Can you afford to take that risk?'

Don't lecture your clients - you do not need to impress them with your legal knowledge.

Work out what they need to know and structure your advice accordingly.

Present it clearly both in person and in writing.

Legal knowledge alone is unlikely to mark you out as an exceptional lawyer.

A flair for communication coupled with a capacity for shrewd analysis is much more likely to do so.

Communicate with your clients.

Remember that communication is a two-way process.Every case before the compliance and supervision committee is decided on its individual facts.

These case studies are for illustration only and should not be treated as precedents.

l This column was prepared by the St Paul risk management team