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- Top 10 Ways to Avoid Law Society Complaints
Top 10 Ways to Avoid Law Society Complaints
1. Communicate Clearly and Often
- Don’t assume your clients understand what you mean when you use legalese – check for understanding
- Provide your clients with realistic timelines for their matter, and update those timelines when things change
- Use your diary system to regularly update your clients, even if it is only to say “we continue to wait for…”
2. Be Honest
- Never mislead your clients, the Court or other lawyers, regardless of whether you think you can get away with it, or you think it’s a minor matter
- Any forgery or fabrication can be grounds for disbarment
- Don’t try to hide your mistakes
3. Be Clear, Direct and Specific About Fees
- Plain language is essential in your retainer agreement
- People can have selective hearing or be distracted, so confirm everything in writing regarding fees
- Provide detailed, itemized bills
4. Be Courteous
- Treat everyone you encounter in your practice the way you would like to be treated
- You can be forceful without being rude or dismissive, learn to know the difference
- You will not be an effective advocate if you are emotionally involved
5. Be Prompt
- Manage client expectations by providing them with realistic estimates of when they can expect a response from you
- Report without delay when something significant happens
- Never ignore a letter from the Law Society
6. Do the Work
- Don’t take on more work than you can handle
- Don’t take on work unless you have the expertise, or can develop it in short order trends
- Don’t ignore problem files. Unlike wine, problems don’t improve with age
7. Keep Detailed Notes
- Every communication or attempted communication with clients or other counsel should be recorded
- Every conversation that results in instructions or advice should be confirmed in writing
8. Choose Your Clients Carefully
- You are better off having fewer clients, than taking on clients who don’t pay, who ignore your advice or who cannot be satisfied
- If the relationship has broken down, consider whether you can, and should, withdraw
9. Supervise Staff
- You are the professional, so it is up to you to ensure your staff are doing the right things the right way
- Train your staff on client confidentiality obligations
10. Know Your Code of Conduct
- If you haven’t read the Code lately, do it now!
- Ensure your staff read, and are familiar with, the Code of Conduct
Written by: Karen Hansen, Legal Counsel, Practice Management