Skeleton crew

In these economically challenging times, firms throughout the country are looking to their overheads and many are taking the unpalatable step of making staff redundant. This will undoubtedly meet the desired goal of reducing the monthly outgoings.

However there are other effects which will result:

With the reduction in staffing levels, those who remain will still be fully employed – at least that is another aim of taking the step.

Those who depart will have left not just ongoing transactions but files with outstanding matters awaiting closure. This is just an inevitable fact of life.

Who will be able to finish and close those files if the remaining staff are as fully occupied as intended?

Bottom of the heap

In addition to the files that are left, there are always those files – they exist in every office in the land – that you don’t want to look at. These are the ones where, say, there has been a requisition from the Keeper and you just haven’t had the time to deal with it. This is after a period of time since the details of the P16 and the transaction were second nature and at your fingertips. The requisition means that you need time to look at the file and refresh your memory. “I haven’t the time just now – I’ll deal with it later.”

When you next remember about it, the detail of what was required has become even hazier, so when the phone rings, or your secretary or someone else appears, the file is (thankfully!) laid down again and the moment is lost.

The same thing happens once or twice more, and by now the issue that required the requisition has assumed the proportions of a nightmare; and indeed if something isn’t done, a nightmare is exactly what ensues.

The client may begin to hassle and, what’s more dangerous, the lender is hounding you for the titles etc.

Some firms hold “skeleton swapping” parties where partners and other fee earners meet up, perhaps six-monthly, to share out their bad files and get a fresh eye to look over the problem, which often resolves the difficulties more easily than anticipated. This has to be done on a strictly non-judgmental basis or it fails and the “silly” bad ones get worse.

Many firms, and particularly solos, don’t have the facility to deal with the problem this way.

A problem halved

There are a number of benefits from having an independent eye taking a look at these files. Amongst them:

The review will not be distracted by external pressures of ongoing business.

A full assessment of the issues will determine the most efficient and effective way forward.

An objective assessment can often provide a realistic and effective plan of action to complete the file.

An independent/objective reviewer can approach any other parties with a fresh mind in a case where an apparent impasse has been reached.

The completion of many files will release the opportunity to recover fees for the file.

Where the fee has already been recovered, there may be less imperative to tie up the loose ends, but the false economy of ignoring these could be expensive in the long run, or at least costly in the additional time involved in doing so at the start of the next business, which could be years ahead.

An independent assessor will be able either to provide a report on the file with directions as to what needs to be done, or alternatively take steps to address the necessary issues. That can be agreed at the outset, as can the basis on which files can be examined – in your office or elsewhere.

Whether you tackle them by yourself or through others, investment in attending to these files will pay dividends by addressing apparent difficulties head on and early, often with the discovery that what may well turn out to be a problem if not addressed, does not take so much to sort out as you may think.

David Preston, now retired from general practice in Oban, is available as a consultant to advise on “problem” files among other matters.

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