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When you’ve been practising awhile in a particular area or serving the long-term needs of a particular client or client group, it’s easy to become complacent about documenting the file, such that you fail to give proper attention to detail or keep appropriate records. In The Comfort Trap, risk manager Mark Bassingthwaite writes about this kind of risky behaviour, noting that: Feeling confident in your practice and comfortable with your clients is a good thing as long as this level of comfort doesn’t result in a related casualness with file documentation. When you begin to rationalize away the need to thoroughly document any given file you’re setting a trap that truly can bite you at some point further along. This is a good reminder. When faced with a malpractice claim, you’ll never regret having taken the time to ensure you’ve “dotted the i’s and crossed the t’s.” The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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