Failures in listening, asking, and explaining are one of the 5 key causes of claims and potential claims, and often involve making assumptions that later prove wrong. They break down into two categories:
Communication issues with clients (70%)
You don’t devote enough time or attention to ensure that a client understands you or provides you with the information that you need, or you fail to ask for instructions or consent.
Communication issues with non-clients (30%)
You fail to communicate effectively with either other counsel on a matter or the other people on whom you rely to help you get the job done.
For a real life example from our claim files, watch this video or, for the full story and CPD credit, watch our webinar.
Dangerous assumptions
Narrator: Richard Panton
Area of law: Commercial
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- Practice Management & Wellness: Risks & Tips
- Acting as an Escrow Agent, Stakeholder or Trustee
- About to act for family and friends? (Resist - it's just too risky!)
- Baby boomer blues: The practice risks of aging
- COVID-19 Related Measures Act
- Delegation: The buck stops here!
- What to do Before and After a Disaster Strikes
- Economic downturns: Managing risk in a troubled economy
- Email: Preventing a Mailstrom
- Health and Wellness
- Indemnities and Dispute Resolution Agreements
- Giving independent legal advice? Stop. Read this first.
- Managing the risks of a limited scope retainer
- Mobility: Managing the risk
- Smooth Sailing to Settlement: Avoiding Common Mistakes
- Risks and tips when using video-conferencing technology
- Witnessing a signature? Stop. Read this first.
- Risk management videos
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- Fraud Prevention
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- Fraud Alerts
- Fraud Alert: March 25, 2021
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- Fraud Alert: August 10, 2005
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- Bad cheque scam
- Bad Cheque Scam: List of Names and Documents
- Bad Cheque Scam: Steps to Manage Risk
- Bad Cheque Scam: Twists and Developments
- Bad Cheque Scam: Common Characteristics and Red Flags
- Bad Cheque Scam: What To Do If You Suspect a New Client May Be a Scamster
- Bad Cheque Scam: Report Actual or Possible Trust Fund Shortages
- The Ruses
- Bad Cheque Scam Publications
- Other Social Engineering Scams, Including Phony Change in Payment Instructions
- Real Estate: Value, identity and other frauds
- Cybercrimes