Risk management

What advice do you give?When a process is second nature to you and costs are to be kept to a minimum, just how much...What advice do you give?When a process is second nature to you and costs are to be kept to a minimum, just how much advice do you give to your clients on routine matters? If you dont know whats important to your client, it makes it difficult for you to give relevant advice.

Not understanding your clients needs may give rise to claims.Conveyancing is a case in point.

Claims have been caused by such simple things as a solicitor not knowing that his client wanted to build a granny flat in the grounds or run a business from a property.Try this exercise.

Pull one of your routine files at random, one that you have just closed.

Ask your secretary to copy only the correspondence sent to your client (noting all enclosures sent out) and all client attendance notes.

Pass those copies to another fee earner and ask them to explain:l What were the key elements of the transaction; l What advice (general or specific) was given to the client?;l What aspect of the transaction was recognised as being critical to the client?Very often, letters to clients in what to you are routine matters are standardised and uninformative.

How does your firm fare? In the exercise, how did your colleague rate your advice? If you were the client, how would you feel?Stand back and look critically at your files.

Have you identified what the risks are and advised accordingly? Case plans are widely used by contentious practitioners as a useful case management tool.

What about using a case plan on non-contentious matters on conveyancing, for instance? Resist the temptation to throw up your hands in horror.

Obviously, nowhere near the same amount of detail will be required.

But a few questions on a short form designed to meet the needs of your firm could pay dividends.

(If you already use a questionnaire, it may just be necessary to add a few questions).

Use the form to boost the service you provide to your clients.

More importantly, by going down this route, you cannot help but improve your risk awareness because you will have a much better understanding of why the matter is so important to your client.

Your case plan for conveyancing could be quite simple.

As well as requesting details of parties and their contact details, consider something along the following lines: Help us to provide you with the best possible service.

l Why do you want to buy this property? What makes it ideal?l What do you intend to use the property for? Now and in the future?l Who will live at the property? Now and in the future?You may well require other information, but with this you will be able to focus on issues of particular relevance to your client such as restrictive covenants or planning matters.Remember that to advise your clients fully, you must understand what is important to them.l This column was prepared by the St.

Paul risk management team