Documentation is the most important key to your defense when your E&O carrier has their Claim Department or an assigned law firm handling an E&O claim.
What is your documentation process? Do you have a routine process? Are having meaningful file notes something you think you should have but don’t commit to practicing?
It’s very important to train yourself and your staff to routinely document every conversation that you have with your clients and prospects. If you are not paperless, make a specific form that you use just for this purpose and give it a title; even consider using a different color paper so these notes are easily accessed. If you are paperless, take the time to update your file notes so that your files tell a detailed story.