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Risk Management Focus

15 May 2008 / Simon Young
Issue: 7320 / Categories: Features , Risk management , Profession
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What is “risk management”? >>
Risk appetite >>
Information management >>

Q I wanted to ask you what you think the over-used phrase “risk management” actually refers to. I thought it was preventing negligence claims, but some of the other partners were trying to tell me that was far too narrow. What do you understand it to be?

A Well, for a start, the others are right. I am afraid your view is typical of the old approach from many members of the profession but it won’t do any more.

Q Where can I find some indication of what it should cover?

A You could do a lot worse than to look at the new version of Lexcel, and the paperwork that goes with that. Particularly useful is the section at the end of the standard itself, which indicates where version four differs from its predecessor. That highlights a number of areas which would come within the phrase risk management.  A lot of our previous conversations have covered various separate issues,

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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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