Wasted time

Solicitors probably waste a great deal of time looking for things. And at whatever the charging rate is, that could add up to a lot of money.


Losing or misplacing items can also create a thoroughly dissatisfied client, who then complains or sues. Losing the file/deeds/will/instructions does not create a good impression. Have you ever had to go back to a client to clarify instructions because you had lost the originals?


Having a clear desk policy can help dramatically. Even keeping the office tidy will be of assistance. The more mess, the greater the chance of losing papers. An important document can end up being inadvertently placed in a file that is of no relevance to that document. Papers can become attached to other papers by mistake, by either being stapled together or put onto one paper clip. The end result is the same: papers cannot be found. Messages can also be misplaced on an untidy desk.


In the case of will instructions, a client died before the instructions could be located. This resulted in a claim by a disappointed beneficiary.


In the case of some misplaced deeds (it was an unregistered title), the client lost a buyer, and subsequently a purchase, because of the delay in locating the deeds and sending out the contract. The client complained, ultimately to the Office for the Supervision of Solicitors (as was), and also made a claim for the costs relating to the abortive purchase. The client also took her business elsewhere. The deeds were ultimately found in another client's file.


Losing files and deeds while in storage is another common problem. Many firms fail to give their file storage the investment of time and money that is required. It needs to be remembered that the papers belong to the client so there is an obligation on the firm to ensure that they are looked after properly, and can be retrieved quickly and with minimum effort. A common problem here is where deeds or wills are left on a file and not stored separately, with the inevitable result that they are destroyed with the file.


It is best practice to:


  • File papers as soon as they are received. Don't leave them on your desk.



  • Keep desks and offices tidy.



  • Have a procedure for filing papers and deeds and ensure it is followed.



  • Ensure messages are put in the same place (preferably in an in-tray) on solicitors' desks.




    • This column was prepared by AFP Consulting, a Division of Alexander Forbes Risk Services UK