Risk management

Recruit in haste, repent at leisureThere are many firms which have come to regret employing a solicitor who has subsequently proved to be incompetent or even dishonest.An effective recruitment and induction training procedure can help to reduce this risk.Of course, firms are not usually in a position to take a long time filling a post.

The objective must be to replace the individual as quickly as possible with minimum disruption.

All the more reason to use an effective recruitment procedure.The first recommended step in the recruitment process is to hold an exit interview with the fee-earner who is leaving.

This should enable you to:l Find out why they are leaving;l Encourage discussion about what they perceive to be the shortcomings of the firm and areas that may be improved upon; andl Assess their workload.

Ask what it consisted of and what if any particular skills or expertise will be required to take it over.This will assist in preparing a detailed job description and an advertisement which accurately describes the vacancy.Many firms will concentrate solely on finding a replacement as quickly as possible with minimum enquiry.

This is not enough.

Often individuals are employed on the basis of what they say their experience and ability is.

Applicants are unlikely to identify their own shortcomings.

Your interviewing process must be structured in such a way as to enable you to do this.

Some steps to consider:l Assess the job requirements, skills required, level of experience, and degree of legal knowledge.

Also qualifications: solicitor, legal executive, paralegal.l Have a prepared interview procedure.

The applicant must be able to demonstrate the necessary skills to fulfil the role.

You could set a legal problem for the applicant to resolve, or get the applicant to make a short unrehearsed presentation.Careful questioning will help you to ascertain whether or not the applicant will fit in with the firm's culture.

Check all CVs carefully; look out for discrepancies or anomalies that need investigation.l Take up references and where necessary make further enquiry.l Check the applicant's qualifications; ask to see their practising certificate.If the applicant is successful and joins the firm, do not just dump a large number of files on them and set them a fee-earning target.

All firms should have an induction process.

This should include an explanation of the firm's risk management and practice management procedures, office manual, and disciplinary procedures.All new employees should be subject to close supervision for their probationary period, to ensure that they understand and comply with systems and procedures, and to check that they conduct their work professionally and competently.This is not an exhaustive guide - every firm will need to adapt its procedures to meet the concrete circumstances it faces.

But one maxim will apply to every firm: recruit in haste, repent at leisure.l This column was prepared by the St.

Paul risk management team.