The Gazette 1993

^ O PM AY 1993

GAZETTE

Almost all cases coming to the attention of the Law Society involve breaches of the regulations, discipline, ethics or simple common client courtesy and the practices involved suffer from lack of proper management. The Monday morning scene I have described is not the way it was intended. A young solicitor setting up a practice for the first time does not envisage such a scene, such a Sunday evening nightmare. The problem with the new age solicitor setting up in practice on his own is that he or she is doing so, not because he wants to, but because he has to. Lack of employment prospects as an assistant solicitor, coupled with an eager heart and a willing bank provide the ingredients of the first flush of self-employment. Knowledge of the law on its own will not see the overdraft come down. A fancy computer system will not on its own pay those university bills. Neither will all the years of experience be of any use in the twilight of the solicitor's career if he has not succeeded in basing his business on proper system of practice management. Practice Management is as relevant to the newly qualified solicitor contemplating business alone as it is to the sole practitioner seeking retirement. In a competitive business environment with increasing numbers in the profession and a seemingly dwindling market place the answer to success lies in setting and maintaining standards based on quality of service, systems of work and planning for the future.

Apart from the problems of his clients already outlined, the same solicitor sees another picture when he enters his office:- • the post has to be opened; but last week's is mostly unanswered, • the staff are late; well it is Monday morning after all, • there are telephone calls to be returned; but the phone has already started ringing, There are cheques to be lodged; but before that they have to be entered into the ledger (the ledger can wait). There are clients to see; one chap in particular is a new client and might be a useful contact (must quote him rock bottom for the sale of his house, that way there is a better chance of getting the purchase of the new one).

Only an estimated 10% of negligence claims against solicitors arise from lack of knowledge of the law, writes Justin McKenna, introducing a new series of articles on good practice management. A colleague recently said to me that the worst day of his week was Sunday. This was the day in the week he did not visit his office, it being the day before Monday. It would be the night he would not sleep; the night before the start of another week. There are many solicitors like my colleague who dread going to bed on Sunday night. Typically, (I will call the solicitor a "he") he is a solicitor running his own business with a small staff. He spends long hours involved in dealing with the never ending problems of anxious clients. In a single day he will deal with such diverse matters as:- • the purchase or sale of a house; • an attendance in the District Court to deal with a road traffic offence or enforcement of a judgement to collect a client's debt; • a family problem involving long tales of alcohol abuse and physical brutality; • the tragic case of a father permanently injured because of an accident at work; • a local businessman trying to deal wth a reluctant tenant; • the interesting case of a small company squeezed by a conglomerate and now seeking protection of the competition legislation; • a bedside Will in the middle of the night. The observer will see that business is good. How could a solicitor so able, so popular, so highly respected, loose sleep?

Justin McKenna

You can see it is a busy office because the carpet is heavily disguised by copious piles of elastic band bound skyscrapers of paper. From surveys carried out it is estimated that only ten per cent of negligence claims against solicitors arise from lack of knowledge of the law.

During the months ahead we shall publish in the Gazette a series of

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