Rattle Dem Bones!

In a recent speech to members of the Law Society, Andrew Nickels of the Risk Improvement Unit of the Solicitors Indemnity Fund, UK, laid out the bare bones on how to confront those skeletons rattling in our practice closets.

It could have been a scene for the profession the world over: did you know that 27% of the claims on the United Kingdom's Solicitors Indemnity Fund were caused by delays and missed time limits? And we have a fair share of this, too, in our practice.

If you are a practitioner, just see how many skeletons, or mental block files, lurk in your cupboards and briefcases, on desk corners, on window-sills, under tables and in, on and behind filing cabinets.

How Can You Tackle Them?

Discard your excuses: very little is more important than getting to grips with a mental block file. They prey on you, cause stress, distract you and, if left, will result in claims, which prey on you, cause stress ... Do not use new work as an excuse. Other work can wait for the time it takes to make a start on your mental block file.

Make an appointment

Block out time in your diary to meet a mental block file face to face. Stop all telephone calls and other interruptions. Partners: support junior practioners if they need to do this.

Try a quickie

If you cannot face a long appointment with a skeleton, give it a few minutes. Just opening the file can break the block as you realise it is not as awful as you thought. You build up your skeleton in your mind to be worse than it is. Take a peek and you may find that you can face it for a longer stretch there and then. If not, use a few minutes to break the block and make a further appointment that you will have the courage to keep.

Hold hands

File swap with a colleague, just to break the block. Your skeleton is their nice, new distraction and vice versa. You can then swap back with the block broken, eg letter drafted, a case plan made. Partners: consider regular mental block file swap days.

Seek help

If you don't know what to do next, say so. You could actually get the answer or be relieved of your difficult file. Better to seek help than to sink under.

Threats

Visualise what could happen if you do not tackle it. Would you really rather face a claim than face the file?

Promises

Visualise how you will feel once you have mastered it. Compare that to how you feel now. Offer yourself a reward for tackling your mental file.

How You Can Stop Skeletons Taking Up Residence

Case planning.
Block time out regularly for difficult work.
Regular file reviews: personal and firmwide.
Good delegation, supervision and workload management.
Open culture: discussion of problems without recrimination.

Andrew Nickels
Head, Risk Improvement Unit
Solicitors Indemnity Fund, UK