Lawcovernotes July 2019

Why looking after yourself could be the best move for you and your legal practice Life has a tendency to be unpredictable and the same can be said for legal practice. Each day is different and there are frequent changes that can turn a situation on its head. Knowing what you can do to manage unforeseen stressors can make a big difference, both personally and professionally. Unfortunately each year a number of Lawcover claims are caused or exacerbated by a solicitor error. Lawcover finds that these errors often occur when the solicitor is facing a change in personal circumstance or a ‘life event’ such as the death of a loved one, the resignation of a trusted employee or a medical diagnosis. Recently a solicitor was involved in an incident at his legal practice. The incident occurred following his attendance at the funeral of a close family member. Immediately after the funeral the solicitor returned to work; but in hindsight accepted that he was distracted and should have taken time away to regroup before returning to work. He commented: “Work can be enormously focusing, but when something like this happens you realise that youwere distracted at the time and perhaps shouldn’t have been at work.” In 2018, 41% of claims brought against solicitors by their clients were caused by errors such as poor communication. Some of these errors were generated by life events impacting the solicitors performance and conduct in legal practice. The same can be said for dragging yourself to work when you are sick. Sick leave should be taken when needed. Legal practice can be difficult when healthy, let alone when you are trying to recover from illness. Unplug While discussing the possible causes of a claim with another solicitor, they complained of not being able to take a break from work and enjoy a holiday. The solicitor commented that: “The lines between work and home are becoming increasingly blurred” To a large extent this blurring of personal and work time can be attributed to technology. We no longer leave the office at night and just go home; we take the office with us. Smartphones, laptops and the ability to connect to work anywhere, anytime gives us no respite. Continual connectivity and the general expectation that as a solicitor you remain available 24/7 for clients can take a toll on your health. To reduce the likelihood of an error or professional negligence claim in legal practice solicitor’s need to look after themselves. This sometimes means taking time away from practice both physically and mentally. Even small changes can make a difference - go away for the weekend, see a movie, read a book, unplug your device and give yourself space to switch off and enjoy your time away from the office. If you are sick, listen to your body and take a break. Your body and mind will thank you for it and it may well prevent a professional negligence claim. View Robyn Bradey’s “The Resilient lawyer – A Manual for Staying Well @ Work” which contains specific information and tips for solicitors. Jennifer Baker Claims Solicitor 11.

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