Risk managementSupervision'I can't understand why this claim happened - the date was in the diary, he just didn't make the application in time'.'We had no idea that this file was running into problems.
It was only when we got a claim that we realised nothing had been done for weeks'.'We should never have taken this client on - she'd already fallen out with her last solicitor over costs'.These are all comments made by solicitors when reporting a claim.
At first sight they arise from different causes.
In fact they all reveal a similar underlying problem: lack of adequate supervision.This means more than just checking the work of trainees or unqualified staff.
Effective supervision means managing the whole team's performance.Could you make the following statements?l All post coming in to the firm is seen by a partner (including faxes);l The partners know how much work everyone is carrying, and have a good idea of how busy we are;l We have a rule that cases over a certain quantum, or complex matters, must be approved by a partner before we enter into a retainer;l My files are reviewed periodically to ensure that they are being managed properly;l If anyone in the firm has a problem, he or she can go and speak to someone without worrying about being seen as incompetent or weak;l We have regular meetings within the department to exchange ideas and advice.Seeing incoming post is vital - if a client has a complaint, you would be the first to know.Is anyone overworked, struggling because of personal problems, or taking on work that is not in his or her usual field? Regular file reviews will enable you to check that procedures are being followed, and that clients are being kept informed about the progress of their cases.When the firm takes on new clients or new matters, who carries out the risk assessment? Are junior fee earners allowed to take on new work without carrying out any assessment at all? This goes for all files, not just those being funded by a conditional fee agreement.
Every file carries a risk and a reward.
Make sure that your staff are clear about what they can take on, when they need to seek guidance from their supervisor and who will be responsible for supervising any new work.Are you aware of training needs within the firm, or areas where you may need to reconsider systems or procedures? Listen to what support staff have to say about this - often they are the ones who have to implement file management, deeds and wills storage and diary systems.
They may have insights into any difficulties or ways they could be overcome.It is easy to say 'my door is always open', but is it true? If staff believe that asking for help will be seen as a sign of weakness or will get a negative response, they may try to deal with problems alone.l This column was prepared by the St.
Paul risk management team
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