It was a pleasure to recently co-present a CPD webinar titled Why the Quality Practice Standard Matters. In the dynamic profession we work quality accreditation may not seem the most interesting or exciting of topics, however, over the years, I’ve experienced the benefits this accreditation can bring to a practice.
Following is a high-level overview of the Quality Practice Standard (QPS), which is the component of the webinar I presented.
In my current role as practice manager, it’s comforting to know we have processes in place that meet the requirements of the QPS, which assists in our endeavours to consistently do things the right way whilst remaining compliant with regulations.
A standard built for WA law firms
The Law Society of Western Australia introduced the QPS in 1996. It has been the subject of continual development by the QPS Committee ever since to keep up to date with best practice and comply with new regulations, such as the transition to Uniform Law and the recent implementation of AML CTF Tranche 2.
QPS is based on the international quality management standard ISO 9001 and refined specifically for legal practice. Rather than abstract quality concepts, it speaks the language of legal practice, such as taking instructions and managing matters. QPS has credibility as a quality accreditation, for example, State Government support, where it is accepted for government agency tendering.
Built around the life cycle of a matter
What I value most about QPS is that it is organised around how legal work happens, with a focus on the three key stages of the matter life cycle: taking instructions; handling a matter; and finishing a matter.
- Taking instructions. This is a critical phase in risk management where firms confirm they have the expertise to do the work, identify any conflicts of interest, properly identify the client, and clarify instructions and costs from day one.
- Handling a matter. The QPS covers activity recording, key dates, progress reporting, variations in instructions and costs, engagement of experts and barristers, and billing. None of this is glamorous, but a missed date or an outdated estimate can quickly damage a client relationship.
- Finishing a matter. There are several steps a firm needs to take at the conclusion of a matter, including accounting for any money and property held for the client and management of file storage.
Compliance and client expectations
In addition to setting out the important steps a firm must undertake during the life cycle of a matter, one of the major benefits of having QPS accreditation in place is that the QPS Committee continually monitors and updates the Standard, which takes some pressure off practices to keep up with changes themselves.
Having QPS accreditation in place can also lift the client experience. Processes based on best practice file management can result in timely updates, clear information on costs and consistent service. Internally, when everyone understands the firm’s procedures, there is less guesswork and a higher level of professionalism across the whole team.
Managing risk
For many firms, risk management is the most compelling reason to seek accreditation, and not just to benefit from a significant discount on Law Mutual’s professional indemnity insurance premium. History shows a significant number of claims arise from failures in screening and identifying clients, recognising conflicts, and properly training and supervising employees.
The QPS addresses each of these directly. Its new instruction clause requires processes to be in place, which address client identification and conflict checks. In addition to the above, the documented processes described in the firm’s QPS Manual can be an invaluable induction resource for new staff and a handy reference for existing staff.
An outside view
Having good procedures in place is one thing; following them consistently is another. The QPS has built-in regular external audits, with an independent auditor checking that correct processes are being followed.
Far from being an ordeal, audits have become one of the most useful parts of the Standard for me. They provide genuine feedback and suggestions for improvement. I have also found auditors more than happy to help with queries at any time, which was very helpful to me when setting up processes to meet the requirements of AML CTF Tranche 2.
Implementation – support is available
Support and resources are available to practices before, during, and after implementation of the QPS. Through the Law Society of Western Australia, a practice can obtain access to an administrative helpline, QPS workshops, in-house training, and individual on-site consulting. This support helps practices of all sizes gain accreditation.
Why the QPS matters
If I had to sum up QPS accreditation in a phrase, it would be peace of mind. Accreditation gives me confidence that our firm has the processes in place to address three of the most important practice management issues: compliance, risk management, and meeting client expectations.
In a profession where a single missed step can lead to the loss of client confidence and their business, or worse, result in a complaint or claim being lodged against a practice, having processes in place to address these practice management issues provides law firm managers and principals peace of mind.
