Staying on Top of Things

The article discusses why it’s important for lawyers to constantly update and review client files.

One of the main reasons for negligence claims being brought against lawyers is the client feeling that only half a job has been done, that all areas have not been attended to properly and on time.

Therefore, as boring as it may be, an up-to-date and regularly reviewed file is one of the first lines of defence against negligence claims from a client.

How often do you review files to see how a matter is progressing without any third party influence? How often do you simply have another look at a client’s file without being prompted by a new transaction, a reminder from a third party that something needs doing, or an enquiry from a client asking to be updated? The answer is probably very rarely.

It is important to develop systems that automatically prompt for the review of files on a periodic basis. Regular reviewing of files is one of the easiest ways to keep on top of matters and to maintain control. Matters that last longer than a month and for one reason or another do not need to be progressed immediately benefit most from regular reviews, as this will minimise the likelihood of actions being missed. In order for file reviews to be worthwhile, they need to be carried out on a regular basis.

A file review in itself is not much use if there are no processes in place to ensure that files have all the documentation in them.

Files should contain the following:

• Letters of engagement, outlining exactly what work has been agreed between the lawyer and client, the estimated time for the job to be completed and the estimated cost.
  
• All correspondence, faxes, letters and memos, which should include explanations, if necessary, of why the work will take longer than originally planned and any new proposals in respect of the matter.
  
• Attendance notes or minutes from all meetings or telephone calls with the client or relevant third parties, clearly setting out what has been discussed.
  
• Hard copies of both e-mails and faxes both sent and received no matter how trivial they may seem. Remember that a hard copy of an e-mail or fax may be the difference between a successful case and a finding of negligence.
  
• Invoices that have been sent out. These serve as a good reminder of jobs that still need to be progressed. If there is no recent invoice in the file it probably means that no work has been done since the last review.
  

It is important that all partners, associates, pupils, paralegals and support staff know and adhere to the procedures for maintaining a proper file and staying on top of matters.

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