Lawcovernotes July 2019

Taking the combined experience of Lawcover claims solicitors, we asked – What is your number one claims prevention tip? 1. Follow your instincts All too often a solicitor will phone Lawcover to discuss the notification of a claim. Comments such as: “I knew this client would be trouble from the minute they walked in” and “This client was difficult from the start” are very common. If you sense that your professional judgement, work ethic and usual practice may be impacted by a difficult, unreasonable or demanding client – trust yourself. Follow your instincts and refer the client elsewhere. It may be a decision that will save you in the long term. 2. Communicate with your client and manage expectations Update your client frequently on the progress of their matter and take detailed, contemporaneous file notes. Ensure that you let the client know what legal work is required and why it is required. Explain how much the legal work will cost (and why) and ensure that your client understands and is kept updated if things change. 3. Conflict of interest Conflict of interest is an element in many Lawcover claims. Matters change as they progress and conflicts of interest can arise without awareness or will go unchecked altogether. During the life cycle of a matter ask yourself - Who is my client? Who am I acting for? Am I in a position of conflict? 4. Check your drafting Drafting errors are easily preventable, but tend to arise when time pressure is involved or when a document is particularly detailed or lengthy. A small error can have enormous consequences and having a second person check your documents is essential. If there is no one available to check, wait until someone is or take a break and look at it again later – this often gives you a fresh perspective and you may notice errors you did not notice before. 5. Diarise, reminders and important dates Minimise the risk of missing important deadlines by keeping tight controls on systems or diary reminders and set multiple alerts for important dates such as limitation periods. Make sure the alerts appear in more than one person’s calendar to minimise the likelihood of an alert being missed. 6. Supervise junior staff Remember Rule 37 of the Australian Solicitors Conduct Rules - “A solicitor with designated responsibility for a matter must exercise reasonable supervision over solicitors and all other employees engaged in the provision of the legal services for that matter”. Mistakes by junior staff account for a significant number of claims seen by Lawcover. Take the time to ensure that junior staff are properly and appropriately supervised. Have systems and procedures in place to support their development and encourage collaboration. 7. Be aware of the effect that ‘life events’ can have on your work In a claim situation it is not uncommon to hear comments like: “I was in the middle of a divorce”, “My child was in hospital”, or “I was off work with an illness”. Be aware that a ‘life event’ will likely impact all aspects of your life, including your professional life. Take time away from practice and give yourself a chance to recharge. ‘Soldiering on’ is not always the best option. Remember - your GP is a great place to start if you need help. You can also call LawCare on 0416 200 788 - a professional and confidential referral service for solicitors and their immediate family members. Jennifer Baker Claims Solicitor 15. Claims prevention tips fromLawcover claims solicitors