Risk management

Are you unassuming?You can't live life without making assumptions.

But if you make assumptions in private practice, things could start to go wrong - and fast.People make assumptions about things that are 'obvious'.

But many claims would never arise if the fee earner took five minutes to check a point instead of assuming that everything is all right.Here are some common assumptions.

They fall into three main categories: assumptions about your client; assumptions about your colleagues and their work; and assumptions about third parties.l My clients' intentions were obvious;l The husband and wife clients both wanted the same thing;l My client was buying the house to live in, not as business premises;l My client was happy with the expert's report;l My client has read and understood the lease;l My client was healthy so I thought leaving the new will for a week wouldn't hurt;l The client's personal cheque will clear;l From what the agents say, my clients still want to go ahead;l My clients would have told me if they had changed their minds;l I assumed everything was in order, so I went ahead and exchanged contracts;l I exchanged contracts without bothering to read the search result - I assumed it was clear;l I left the file on the trainee's desk and assumed it would be dealt with;l I assumed that the copy lease on file was the final version and completed using that;l My secretary has carried out all the usual searches; l All files are checked for original documentation before they go for destruction;l The power of attorney is valid for this transaction;l My colleague would have checked the estate accounts before going on holiday;l The accountants will have advised on this;l Counsel will deal with any limitation issues;l The in-house surveyors are dealing with the lease renewal;l The expert will be able to let me have his report within two weeks.Ask yourself two key questions.

Have I made any assumptions? How can I check if they are correct?Most assumptions can be clarified quickly with your client, within the firm, or with the expert.

Using these three headings, keep a list of all points requiring clarification and ensure they are dealt with before they become critical.

Some items may be outside your retainer (check your retainer letter).

If so, put the ball back in your client's court or offer to do the work for an additional fee.Demonstrate your thoroughness and attention to detail.

If the client tells you not to worry, or that you are being over cautious, be grateful you raised the point.

Then if it goes wrong, the client will not be able to recover from you.

Assuming, that is, that you kept a written record of your instructions and advice.l This column was prepared by the St.

Paul risk management team.