Risk management

E-mail: a blessing or a curse?

Solicitors are frequently drafting letters and contracts for clients.

Most practitioners would probably agree that it would be foolish to send correspondence, contracts or any other written information without having at least one other person within the practice to look at the material first.

Yet how often do you draft e-mails or ask a colleague to read an e-mail you have written before pressing the send key?

With e-mail becoming ever more popular, it is now acceptable practice to correspond with clients via the Internet.

The days of the formal letter updating a client on work in progress are coming to an end.

Yet how often do you read an e-mail and, when a reply comes back, spot a simple spelling mistake? Most people employ the spell-check on their computers when writing documents, yet do you have your spell-check facility switched on your e-mail? Misspelt words not only look unprofessional, they can also alter the tone of a document, for example lessor and lessee.

This is even more important when it comes to figures.

Figures are normally checked more closely than any other part of a document when there is a hard copy, yet this is not always true when it comes to e-mails.

A slip of a finger could lead to much confusion if you have just added tens of thousands of pounds to a deal.

With regard to e-mails, another important factor is speed.

Today, many people expect an instant response, whereas in the past you would receive a letter, maybe take a few days to reply, and then another day for the letter to arrive at your client's office.

In this area of business, many solicitors struggle.

The pressure to respond immediately means often all aspects of a case or work being undertaken are either omitted or not clearly explained.

To avoid these pitfalls, you should acknowledge receipt of the e-mail, and then give the client a realistic timeframe within which you would reply in full.

However, most negligence claims that stem from e-mails relate to inadvertent release of sensitive information.

It is easy to forward or reply to e-mails without checking exactly whose name appears in the 'to' and 'cc' box, thereby sending confidential information to the wrong party.

Some solicitors' practices are now addressing this issue by prohibiting e-mails from being forwarded.

They insist on a prcis of the original being sent instead.

Therefore, it is essential that all staff are up to date with your practice's views on conducting business over the Internet.

It is important the whole practice is compliant and knows what work can be carried out via e-mail.

This will vary from practice to practice, but all partners must keep in line with the rest of the firm.

Remember to have your spell-check turned on when sending e-mails, and do not feel pressured into sending an incomplete reply.

Finally, make sure that someone is checking your inbox at least twice a day.

If these checks are in place, your chance of a negligence claim relating to e-mails should be reduced.

This article was prepared by Alexander Forbes Professions' risk management team