Risk management

Time for changeMany solicitors admit to being strangely drawn to this column.

But after reading it and thinking 'that nearly happened to me', how many actually change the way they work? The important point is not to develop a macabre interest in other people's misfortunes but to learn from their mistakes.

The aim should be to take steps to avoid falling into the same traps.

Sadly these warnings are not always heeded.

Solicitors are making the same old mistakes time and again.Here are some common examples:l The final document, be it a lease, will, witness statement or commercial agreement, does not reflect the client's instructions; l Cheques are drawn for incorrect amounts, in favour of the wrong person, or sent to the wrong address;l Time limits are not identified or are simply overlooked;l Files are sat on, clients' affairs are not progressed, resulting in delay, loss and anger;l Important facts or information are not communicated to the client, preventing the client from making an informed decision - 'Had I been told that, I would never have bought the property';l The client is not correctly identified.

(Watch out for this in corporate and commercial matters);l No steps are taken to define what the solicitor will or will not be doing for the client, and no retainer letter is sent;l No record is kept of advice given to a client.

The client then denies ever having received the correct advice, and says that if he had he would have acted differently;l Staff, including partners, are not supervised properly and are left to their own devices.

This results in the 'rain maker' or maverick (often left alone because he or she 'brings in the money') racking up claims and acting at the 'flaky end of respectability';l Work is not delegated in a structured manner, but is dumped on other members of staff, normally junior fee earners.

This often results in junior staff being given unrealistic workloads and matters outside their expertise.

When something goes wrong it is of course 'their fault' and the problem is 'solved' by sacking them;l Solicitors take on matters which they do not have the resources or expertise to handle.

In addition they fail to keep abreast of case law, statutes or regulations that have a fundamental impact on the area of law that they practice;l A complete lack of organisation within the firm, caused by an absence of systems and procedures.

This results in lost files, deeds, wills, and documents.

How much time do you and your staff waste looking for such items?All of these scenarios have caused, and continue to cause, claims.

So if you recognise them, you need to do more than thank your lucky stars that you haven't had a claim.

You need to take action, now.l This column was prepared by the St.

Paul risk management team.