What follows is a brief primer on how to start bringing the benefits of risk management techniques to your practice today.
As a practitioner you must manage your client relationships. This means that you must not overlook the basic aspects of running a practice and serving clients. Lawyers need to become aware of and understand the importance of basic quality assurance techniques so they can better satisfy client needs and develop personal risk management strategies to avoid claims.
A range of helpful tools exist to achieve these objectives. They include: sound routines and systems for tracking timelines, documents and billings; computer technology; effective communication; and time management and planning strategies. These tools can reduce the risk of malpractice because they control the administrative and communication activities which cause many of the claims against lawyers.
Checks and balances will reduce your exposure to claims only if they are used. For these suggested systems and processes to be effective, lawyers must make them an integral part of their practice. But remember too that they are only tools to help you in your practice. As a lawyer you are obliged to turn your mind to the peculiarities of each case at hand, and to provide for additional matters which might not have been addressed in other cases. Always be alert to the twists and turns of practice and the fact that each case has its own unique features. Appendix 5 - Checklist of Systems and Trails provides additional information.
As a lawyer, you are in the business of providing legal services. Service is the operative word here. Whether or not you provide good service is a matter of the client's perception. To most clients, however, good service means effective communication. Accordingly, the importance of having good communication skills to handle the lawyer/client interface cannot be over-emphasized.
In a recent study of the public's perceptions of lawyers, the inability or failure of lawyers to communicate topped the list of complaints. When asked to list their priorities, survey participants ranked communication and service higher than quality of work and fees.
These same factors - communication and service - also have professional liability implications. A significant cause of LPIC claims relates to lawyers' poor communication skills and not being service oriented.
The importance of being able to listen and impart information to clients promptly, regularly and effectively must be kept in mind through every stage of legal representation. Consider the points set out in Appendix 6 - Checklist for Effective Communication.
In today's competitive environment traditional practices are giving way to sophisticated marketing and management techniques. It is increasingly difficult to reconcile issues such as the needs to provide quality service, remain competitive, reduce stress associated with the increased complexity of law practice, and the desire for personal satisfaction.
Lawyers must recognize that short- and long-term planning are essential for both large firms faced with explosive growth and radical changes in clients' expectations, and for small firms and sole practitioners coping with an information boom and other administrative challenges. Planning enables lawyers to anticipate and adapt to the changes which have become the hallmark of modern practice.
Periodically evaluate your practice and engage in short- and long-range planning which includes setting goals, establishing methods to achieve the goals and reviewing the effectiveness and progress of the methodology.
Today, using computers is a must for any successful legal practice. The efficiencies that computers provide will not only help you attract clients, but also allow you to service your clients more cost effectively. You also need to be aware of the liability issues that come with relying on computer technology. Consider subscribing to a regular information service on developments in law office technology to help you keep up to date on the options available to you. In addition, keep in mind the points set out in Appendix 7 - Checklist of Technology Tips to minimize your exposure to claims.
Procrastination stands as one of the leading causes of claims against all lawyers. Effective time management enables lawyers to practise effectively and efficiently, and enjoy practice. In essence, consciously managing your time encourages you to work smarter not harder. A plethora of texts and tips exist which invite lawyers to reap the rewards of effective time management. You are well advised to spend some time familiarizing yourself with some of the literature. Listed below are some key pointers:
- learn to say "No";
- set priorities;
- plan/schedule in advance;
- delegate;
- avoid interruptions;
- keep the filing up to date.
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