Most lawyers think about risk management when something goes wrong.
A complaint, a missed step on a file or a professional negligence issue may bring risk management into focus, but by then, the contributing factors may have been developing for weeks or months.
Effective risk management starts well before a crisis, through small and repeatable habits that support better practice each day.
This is one of the themes explored in Matter Management – Risk Management in Practice, an interactive on-demand CPD course available through the College of Law’s CPD Digital Subscription.
Why communication matters more than you may realise
Lawyers naturally focus on legal analysis, but clients often focus on something else entirely. They want to know what is happening, what comes next and whether their matter is progressing as expected.
Complaints can stem from a mismatch between the lawyer’s understanding and the client’s expectations, even when the legal work is sound. A client may misunderstand the scope of the engagement, underestimate the likely timeframe or simply feel disconnected from the process.
That is why communication remains such an important part of risk management.
Regular updates can help maintain confidence, while confirming key advice and decisions in writing can reduce misunderstandings later on. None of this is particularly novel, but small habits consistently applied can make a significant difference.
A useful principle is to approach client communication with a simple objective: help clients leave conversations with a clearer understanding of their matter and what happens next.
A file note is more than an administrative task
Although most practitioners understand the importance of file notes, the challenge can be maintaining that discipline when workloads increase and competing priorities emerge.
File notes can play a critical role in effective risk management. A useful file note records what was discussed, what advice was given and what instructions were received. A well-prepared file note can also support continuity if another practitioner needs to become involved in the matter or provide important context long after the original conversation has taken place.
Consistency builds stronger practice
Risk management is often linked to consistency.
Law firms typically invest significant effort in precedents, processes and practice management systems, with these tools delivering value when they are applied consistently across matters. The aim is to build practical habits that support good legal work and give clients a more predictable experience.
Effective risk management ultimately involves understanding the factors that could affect a firm’s ability to achieve its objectives and taking practical steps to address them.
Looking beyond problems and towards better practice
Risk management encourages lawyers to anticipate issues and act early. Strong practices use established habits and systems to manage challenges effectively when they arise.
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It is available through the College of Law’s CPD Digital Subscription. The subscription provides 12 months of unlimited access to more than 150 hours of on-demand CPD content, including interactive programs, videos and podcasts designed to support modern legal practice. |