Risk management programs often ignore staff-related risks. Given that support staff interact with clients on a regular basis and do a tremendous amount of work for firm clients, a few staff-related risk tips are in order. A staff error or omission can lead to a malpractice claim just as readily as an attorney’s error or omission.

For a law office to function ethically, client information must stay within the office. Law firm staff members’ inadvertent discussions with their own families have led to major ethical breaches and dire consequences for the attorneys who supervise support staff.

With this in mind, all of a firm’s employees must understand the need for absolute confidentiality in all aspects of their work. It is imperative that all understand that the adage “What is learned at the office, stays at the office” applies to staff and attorneys alike. To reinforce this understanding, have all office staff members sign a confidentiality statement at the time of their annual performance evaluation. Such a statement will not insulate you from an employee indiscretion, but if you couple it with a new employee orientation program addressing confidentiality, it will provide concrete evidence of the firm’s ongoing efforts to preserve client confidences and that is important.

Don’t overlook the necessity of paying significant attention to proper staff training. New staff training should go beyond the “how to” of calendar entry, conflicts checking, file opening and closing, client communication and billing procedures. You need to explain the reasons behind these various tasks. Too often, support staff members have no idea why certain procedures are the way that they are, so they fail to understand what the potential fallout from a simple error might be. As a result, support staff are sometimes less diligent and less mindful of their responsibilities when handling a specific task.

Remember that current staff members need periodic training as well. As often as not, current staff receive new computers and/or software programs and are told, “go to it.” But, even if you have great confidence in your support staff, you must provide thorough training when upgrading computer systems or programs in order to avoid potentially disastrous mistakes. Many firms provide minimal or no formal training time, apparently preferring to pay for trial and error learning. An up-front investment in training will reduce the time spent learning to use the system, reduce the likelihood of errors, and allow the firm to get the most productivity out of the improved system.

Current staff can also benefit from periodic training on staff issues. Annual firm-wide discussion of confidentiality or conflicts checking procedures will remind everyone of the importance of these issues, and it can renew your staff’s commitment to performing their duties with the highest degree of professionalism. Periodic training should also focus on cross training. Do not train individual employees on only one specific task or area of responsibility. Positions with significant professional responsibilities, such as conflicts checking, central calendar maintenance or billing, should have at least one other person capable of handling the task if the primary person is ill or on vacation.

Finally, do not underestimate the importance of including the entire firm in periodic staff meetings. These meetings should review the firm’s central calendar, emphasize procedures for covering absences, review the distribution of assignments among the firm’s attorneys, and discuss the impact upon staff of upcoming significant tasks like a trial or preparation of a major brief.

A secondary benefit of such meetings is support staff satisfaction. If you encourage staff to discuss problems, provide ideas to improve service, or provide solutions to office problems, staff members will feel valued due to an ability to contribute meaningfully to the firm’s success. Begin the meeting with a pot of coffee, bagels and cream cheese and staff satisfaction can become quite high. Keep in mind that satisfied staff members are more productive, stay longer and have fewer sick days, all of which have a direct impact on the firm’s profitability.

As further support for this idea, don’t overlook the potential impact that dissatisfied staff could have on your client base. Clients interact directly with staff in numerous ways. If your support staff members feel depressed, overworked, taken for granted, or just dissatisfied in general, imagine what message the clients are receiving. Client dissatisfaction increases your risk of a malpractice claim or disciplinary complaint, not to mention your lost revenue due to lost client referrals and repeat business, which are the bread and butter of many firms.

Your law firm’s support staff members are part of your firm’s valuable resources. Treat them as such and you can go a long way in reducing your exposure to a malpractice claim.