Risk management

Internal and external communications

Over the years, we have found that more often than not it is the simplest mistakes which give rise to most claims of negligence.

This week we look at one of the more frequent causes for complaint - breakdowns in communication.

Outlined are the sort of communications checks solicitors should have in place to ensure that work progresses smoothly, and negligence claims stay at a minimum level:

- When taking instructions from clients, it is imperative to establish their requirements.

Therefore, solicitors should demonstrate a thorough understanding of both verbal and non-verbal communications.

It is also vitally important for them to maintain clear control of the meeting and make it absolutely clear when they do not understand what a client has to say.

- Clarification of client issues.

Should you not understand a client's instructions you should try to use a mixture of closed 'yes' and 'no' questions as a probing mechanism.

Rephrasing your clients' views to reflect your understanding, as well as asking them to repeat any part of their explanation that you are having trouble understanding is beneficial.

- Supervision is an important part of day-to-day business and internal communication.

Increased interpersonal skills can help to reduce the number of claims made for negligence by acting on issues highlighted through a mentor programme.

- If you use a voicemail system make sure it is properly managed - that is to say, accessed and responded to at least twice a day.

If you cannot access your voicemail externally, make sure someone in your team is picking up your messages.

If you do not have a voicemail system try to make sure you have an effective system of passing on messages.

For example, either have your telephone messages e-mailed to you or have a proper telephone log kept by whoever answers your telephone line.

- When closing files, write to clients to inform them of the closure.

Also, allow clients a little time, for example, two weeks after closure, to come back to you if they have residual queries, before you actually close the file and send it to the archives.

While all these may seem like obvious procedures, you would be amazed at how often a breakdown in communications can result in a complaint or claim.

Good communications procedures, both internal and external, can go some way to reducing your risk exposure, and as a result prevent claims against your professional indemnity insurance.

This column was prepared by the Alexander Forbes Professions risk management team