Risk and Practice Management
Documenting/Effective communication
The most common source of miscommunication is a simple one: lawyers routinely fail to realize how little they are actually saying - the “I’m Sure it was Obvious” effect. When we assume that our client knows what we’re thinking, what we’re expecting of them, or that they understand exactly what is going on with their file, we do them a real disservice. When the client is not clear about why the lawyer has taken action on a case, and things don’t go as planned, a claim results. The next time you catch yourself thinking “I’m sure it was obvious” or “It goes without saying” - STOP! Nothing is ever obvious unless you made it obvious by spelling it out (preferably in writing).
To further assist you with communicating with your client, visit the LIANS' Resources page where you will find sample letters and blank forms to assist you with properly documenting communications with your client.
Diarizing non-litigious files
Testamentary Capacity
Miscommunication – it goes WITH saying!
Communicate your client’s instruction