New Lawyers: Document All Client Interactions
New lawyers, I hope this tip will follow you well for your whole career. Begin doing this now and do it every time, to the point where it becomes a habit. It will both help your practice and protect you in the event of a malpractice claim. Document all client interactions, whether over the phone, or in a meeting – even the quick or “0.1” conversation. If you are a young lawyer or articling student who may never encounter a client in your first year, this advice applies to your encounters with senior lawyers who give you assignments. Treat them as your clients, as you are in effect providing them with your legal advice.
When you step into a meeting, take a notepad with you and take notes. This applies even to the meetings where you are told “this will take just a second.” You’ll be surprised how often a second can become fifteen minutes of intense legal analysis. Every time you pick up the phone to speak with a client, open a note in the file and record what was said. Pay particular attention to instructions given to you, and recommendations you give.
When you are asked, ten days, ten months, or ten years after the fact about what happened, you will be able to reference your notes and recall the conversation accurately. Did you miss following through on instructions? Did the client take your recommendations? Did you discuss the possible outcomes and risks of the steps involved? It’s all in your notes – so long as you keep them.
Start the discussion!