The ABCs of Risk Management (Part II)

Part I of this article was published in the September issue of The Singapore Law Gazette.

N — notification of circumstances. Some firms are still struggling with the concept of what constitutes a circumstance that must be notified to your insurer. Anything that may give rise to a claim should be notified. If in doubt, check with your insurer or broker.

O — organisation. Be organised and have a structured approach to your day. Plan what needs to be done and prioritise. Have a quiet period in the day when you cannot be interrupted, to enable you to deal with difficult matters. Proper planning prevents poor performance.

P — pleasing. Do not engage in client pleasing. If the client does not have a case, tell them, however unpalatable that may be. Building false hopes is not fair to the client and will make your task ever more difficult the longer it goes on.

Q — ask the right questions of the client. This is the only way to elicit the appropriate information so you can advise the client, who can then make an informed decision on what to do.

R — read things carefully. This includes your outgoing post. Make sure it says what it is meant to say, has the correct enclosures and is going to the right destination. If you sign it, you are responsible, not your secretary.

S — supervision. This is essential for all staff, including partners. This can be done through peer file reviews and appraisals for more senior staff and full supervision of more junior staff, with any letters and written advice they produce checked by seniors.

T — trainees or pupils, those well known beasts of burden. You have a responsibility to train them, not just use them to make the tea and take the blame when something goes wrong on a file.

U — undertakings. Make a promise and you have to keep it. Avoid sloppy, negligent undertakings that may have disastrous consequences for the partners. There should be strict controls as to who may give an undertaking.

V — vetting procedures should be adopted in respect of every new matter. Many problems could have been avoided if more care were taken by firms when agreeing to act for a client. Not least, how is the client going to pay?

W — wills. These are still a constant source of claims. They are complex documents that require considerable thought and advice. Leave them to the experts. They should not be provided for promotional purposes unless you know what you are doing.

X — x marks the spot to sign. When you send documents to the client to sign, especially wills, do check them on their return to make sure they have been signed correctly.

Y — yourself. Take time out for yourself before it all gets too much.

Z — zero error rate. We are all human and it is not possible to have a zero error rate. When mistakes occur, manage them, which is more than finding someone to blame.

Stanley Jeremiah
Goodwins Law Corporation
E-mail: stanley_jeremiah@goodwinslaw.com