Why does this keep happening?
We read today about yet another fee earner whose career in
in tatters because they have tried to cover up mistakes –
In this case there were three cases where deadlines had been
missed by a few days. Rather than admit the mistake the non-qualified case
handler dishonestly back dated documents to mislead the court and the other
side. In each of these cases the problem was probably capable of resolution
with a bit of experienced help. If he had admitted the first error the others
might well have been avoided.
Last year a young solicitor was struck off after backdating 23 letters and misleading a client about the progress of a claim –
And then there was the experienced solicitor wo actually
gave a false letter to an SRA investigator –
One common factor is that the attempts to cover up have been
discovered without great difficulty. They have usually been followed by an eventual
admission of wrongdoing.
I cannot accept that we have suddenly become a profession of
the dishonest. The lawyers in these cases are not cynical fraudsters. They are almost
always acting at a time of stress and panic. They are almost always acting
alone as a situation rolls out of control. This does not justify dishonesty.
But it does raise a serious question for all managers of law firms. Why do
lawyers think it is better to risk their career than admit a mistake? What is
the ethos in firms that creates such a sense of fear? What support are we
giving to our staff? Are we reminding staff that it is not usually the end of
the world if we miss a deadline? But it might be the end of a career if they
try to lie their way out of it?
In March 2018 I set out my 5 point plan to help lawyers to sleep
at night –
1. In
the famous words of Michael Jackson - You are not alone. Find someone that you
can talk to – it is so easy to be isolated in your little cell. Surrounded by
files, emails, deadlines, telephone messages, meetings. To get into that
mindset that says ‘I have no time to speak to anyone’. You have. And if you
haven’t then make it. 20 mins speaking to someone will get you hours of payback
in avoiding sleepless nights. It is a truth universally acknowledged that a problem
is never anywhere near as bad when you talk to someone about it. Especially
someone who has been there, which if we are honest is all of us! Speak to
someone. Right away. Turn your computer off and go and do it now.
2. Be
generous in giving files away. That file that you are scared to look at. The
one that has been festering by the side of your desk so long that even the
spiders won’t go near it. Give it to someone. It won’t go away on its own. If
you can’t look at it, find someone who can. Many solicitors have a file
swapping arrangement. I’ll give you mine; you give me yours. Don’t hog matters
to protect your bills. You can be far more productive by liberating yourself.
Don’t be scared of being criticised. You won’t be. You are more likely to be
told – ‘Leave it with me and while you’re there can you look at this one of
mine.’
3. See
the wood for the trees. It is never as bad as you think it is at 3.00am. The
world will not end. I’ve been a lawyer since 1st April 1980. I
have had more 3.00am moments than I like to admit – especially in the early
days. Guess what? I’m still here. I’m still alive. I have got to an age where I
can say. ‘Phew oblivion never happened.’ It was never going to and never will.
4. If
you need to – confess. If you think the worst has happened – you've missed a
deadline and can’t think of a way out. Then tell someone. Today’s is just the
next in line of those nightmare cases where lawyers have tried to cover up and
been struck off because they were scared to own up. No one was ever struck off
for admitting a mistake. Partners, supervisors, insurers will never bite your
head off for coming clean. And if they do they shouldn’t be in the job. It also
means that it is no longer just your problem. Get it out there and do it as
soon as possible. The consequences are less scary than you think and much less
stressful than waking up at night or even jeopardising your hard earned career.
5.
Get a
life. Don’t get sucked into that bubble where your legal world becomes all
consuming. Being a lawyer is what you do. It is not who you are. See your work
as part of your life but not everything. Develop interests and friends outside
the pressure cooker. I support Everton. That can very stressful and cause
sleepless nights. But it is something different. I love music and photography.
I also waste far too much time on social media!
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