Risk management

Working together?'One of our solicitors owned up to missing a time limit in a big case - we had no choice but to let him go.'Recognise this approach? Such a knee-jerk reaction may leave underlying problems like poor systems or unrealistic caseloads undetected.

If so, you shouldn't be surprised if similar mistakes occur elsewhere.

A more open culture may help identify deeper issues.'A lease we drafted four years ago contained conflicting clauses.

As it was a secretarial error, we fired the secretary in question.'That is one solution.

A more constructive approach might have been for the firm to review its document checking procedures or to find out whether the secretary had worked on similar documents.'One of our post boys made a big mistake the other Friday.

He mixed up all the post, putting the DX in the post bag and the post in the DX bag.

The following day, a Saturday, he started worrying that this was what he'd done.

Reassured by our open culture, he rang me at home - our staff have an out of hours contact number.

I went into work and contacted all the team leaders who then contacted their teams.

All time-critical matters were identified quickly, some letters were re-printed and posted that day.

We gave the post boy some vouchers, because sorting it out on the Saturday was easier for us than hearing about it on the Monday morning - or worse still, not until the post and DX started being returned two weeks later.

Up until a couple of years ago, we'd probably just have sacked him.'A firm's culture can determine how it responds to problems, claims and complaints - it can also stop situations developing into claims in the first place.

Think about:A blame cultureMistakes happen and to think otherwise is unrealistic.

If recriminations follow every mistake, how will your staff react next time they think they have made a mistake? A problem hidden is a ticking time bomb.

A problem shared is often a problem solved.

Early warning of mistakes, near-misses or systems that work can be invaluable in resolving problems early - and can prevent developing claims.A long-hours cultureIf a fee earner always starts early and works late, ask yourself why, rather than just rubbing your hands with glee.

Has he something to hide? And are fee earners who are too busy to take time off for holidays less efficient and more likely to make mistakes?Team cultureSome firms operate more like a group of sole practitioners than as a cohesive unit.

Individuals or departments compete or ignore each other rather than work together.

A rigid adherence to fee targets can operate to the client's detriment.Could a positive open culture deliver greater client satisfaction and less problems? It's worth a thought.l This column was prepared by the St.

Paul risk management team.