risk-management.php

Practice Management

LPLC sees that better practice management lessens the risk of claims.  Each person in every function of a legal practice has a role to play in managing risk.  Effective practice management means optimising strategies, policies and systems, with individuals having the right skills and behaviours, to ensure that legal services are delivered consistently to a high quality and to the satisfaction of clients.  If a practice is well managed, the likelihood of mistakes occurring will be reduced.

LPLC have many resources to assist practitioners with practice management, how they relate to the claims we see and what firms can do to manage their practices better. Please choose a resource from the menu.


 

8 May 2017

Be prepared

Office policies and procedures are good risk management. There are many risk management benefits to having well-written and implemented office policies and procedures, including enabling employees to clearly understand their individual and team roles and responsibilities within the firm. The LPLC has developed a list of policies (and some procedures) for legal firms. It can […]

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27 March 2017

In Check Issue 74 | March 2017

Table of contentsWhat is new on LPLC’s website?What is happening in cyber risk?Are you ready for the DBDRV?Common GST questions – GST and adjustments for sale of commercial property2017 Risk Management seminars2017/18 Insurance renewalsLaw Institute Journal articles What is new on LPLC’s website? Cyber security page We have a new risk management page dedicated to […]

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7 December 2016

In Check Issue 73 | December 2016

Table of contentsCyber risk awareness for lawyers and clientsPPS – Raising awareness – how accurate is your registration?Termination of contract noticesA new GST checklistA new risk managerCommon GST questionBook now for our 2017 Risk Management SeminarsLaw Institute Journal articlesOffice closure over Christmas and New Year Cyber risk awareness for lawyers and clients We regularly hear […]

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1 December 2016

Not seeing the forest for the trees

Focusing on small details only can sometimes blind practitioners to the bigger picture. Not seeing the forest for the trees refers to someone who can’t see the whole situation clearly because they are looking too closely at the small details or are too closely involved. LPLC receives claims where practitioners become too bogged down in […]

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28 September 2016

In Check Issue 72 | September 2016

Table of contentsClarifying some CGT withholding issuesPriority notices to commence in December 2016Unfair contract terms protection extended to small businessCommon GST question2016 Risk Management SeminarsLaw Institute Journal articles Clarifying some CGT withholding issues If you missed LPLC’s three recent bulletins about the new CGT withholding regime you can read them here. As our bulletins explain, the new regime […]

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19 October 2016

Cyber security cautionary tale

Table of contentsIntroductionThe realistic emailHijacking his emailLessons Introduction Cyber security needs to be at the forefront of everyone’s mind, whether you are in a small firm or a large firm. The recent experience of a Victorian law firm is a good example of how easy it is to be caught out. The realistic email A […]

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23 May 2007

E-mail guidelines

Table of contentsSending e-mailReceiving e-mail Sending e-mail 1. Discuss with your clients at the outset what categories of communication they do or do not want via e-mail. 2. Consider if e-mail is the right medium for each communication. Would a posted letter, a face-to-face meeting or a telephone call be more appropriate? 3. Only put in an […]

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16 June 2017

Young lawyers, claims and risk management

Sometimes a young lawyer is asked to perform a task which at first glance may appear to be within their ability but in hindsight was beyond them. One example is sending a young lawyer to their first mediation with a barrister without a supervising practitioner or adequate preparation and training. While the practitioner delegating the […]

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26 May 2017

A business continuity plan is good risk management

Having a business continuity plan (BCP) in place if client documents and/or files are lost, stolen or destroyed is good risk management for a firm of any size. LPLC regularly receives calls  from practitioners seeking guidance on just this situation.  In one instance a fire at the law firm premises destroyed documents and files while […]

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19 May 2017

Destroy titles or make them invalid?

The announcement by Land Use Victoria that all land transactions will be conducted electronic by July 2019 is a timely reminder that practitioners need to implement a process to either destroy any paper titles or make them invalid in accordance with clause 6 of schedule 3 to the ARNECC Model Participation Rules. There are a […]

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28 April 2017

Time to prepare for mandatory notification of data breaches

The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (Cwlth) was passed on 13 February 2017 and will come into effect within 12 months. It amends the Privacy Act 1988 (Cwlth) (Act) by introducing a scheme for mandatory notification of data breaches. The provisions apply to public and private organisations regulated by the Act, which include […]

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21 April 2017

Just run your eyes over this

Practitioners who act repeatedly for a client need to document the scope of work for each matter, irrespective of its size. LPLC has received claims where a client made a casual request for a practitioner to conduct a cursory check of a document, only to later allege they expected the practitioner to advise on issues […]

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15 June 2017

Key Risk Checklist: File transfer to another practitioner within the firm

  File transferred to another practitioner within the firm Yes No Comment or detail Has the client requested the change of practitioner? □ □ Has the practitioner receiving the file confirmed they have the knowledge and capacity to do the work? □ □ Has the transferring practitioner completed a detailed memorandum that: details the retainer […]

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15 June 2017

Key Risk Checklist: File closing

  Work completed Yes No Comment or detail Have we written to the client confirming: all required work has been completed? □ □ any outstanding issues that are the client’s responsibility? □ □ any critical dates and consequences? □ □ future actions (such as exercise of an option) that is the client’s responsibility? □ □ […]

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15 June 2017

Key Risk Checklist: File transfer to another firm

  File transferred to another firm at request of client Yes No Comment or detail Before we transfer the file have we: spoken with the client about their concerns? □ □ accounted for all work and disbursements? □ □ Have we written to the client confirming: the status of their matter including work completed and […]

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15 June 2017

Key Risk Checklist: Client intake

  Client   Comment or detail Who is the client? (Individual or entity) Ethical Yes No   Comment or detail Is VOI required (or desirable)? □ □ Is there more than one client? □ □ Has the firm acted for or against this client previously? □ □ Are there any potential conflicts? (particularly if more […]

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8 August 2016

Key Risk Checklist: Face to face verification of identity

Doing VOI well protects you and your good clients and deters bad clients Face to face verification of identity – Steps for practitioners To undertake a VOI of a client you need to be familiar with the following documents as a minimum: ☐  Model Participation Rules. In particular clause 6.5 and schedules 8 and 9. […]

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11 May 2017

Know your limits

Table of contentsIntroductionLessons from the claimsTime limits most commonly missedClaims examples Introduction With the proliferation of time limits in legislation today missing limitation dates is a mistake that occurs in many areas of the law. The reasons for missing time limits are varied as are the potential repercussions. Sometimes it is a lack of knowledge […]

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