Important Notes and Frequently Asked Question’s
A risk management questionnaire must be completed annually.
When Must I Complete The Questionnaire?
As from 1 July 2016, the questionnaire MUST BE COMPLETED AT LEAST ONCE PER YEAR. The LPIIF will not provide indemnity when you have a claim, until you provide it with a copy of a questionnaire which has been completed within the past year.
The annual completion of this questionnaire is compulsory, both in terms of the Master Policy (see clauses XXIV and 23) and the South African Legal Practice Council Rules (the Rules) made under the Act. We reiterate the stance that the LPIIF will not provide indemnity when you have a claim, until you provide it with a copy of the questionnaire which has been completed in the applicable year. For attorneys, point 15 of the application for a Fidelity Fund certificate form provides that this form must be completed. Advocates rendering legal services in terms of Section 34(2)(b) of the Act must also complete this questionnaire annually (see point 13 of the application for a Fidelity Fund certificate form for advocates (schedule 7B of the Rules)). You will not be issued with a Fidelity Fund certificate if you have not complied with this requirement. Any reference to a firm in the form includes advocates referred to in Section 34(2)(b) of the Act. The aim of the form is to collect risk management and underwriting information. The form must be completed even if your firm does not have any pending claims.
Where do I get a copy of the questionnaire?
- You can complete a hard copy and send it to us. (You can obtain a copy from the LPIIF or download it from our website Here)
- What is expected of my firm?
- Every practice MUST properly complete this assessment every year and must submit it together with the claim form to the LPIIF before indemnity can be provided.
- It must be completed by a SENIOR PARTNER/SOLE PRACTITIONER/RISK and/or COMPLIANCE OFFICER or MANAGER/CHAIR OF THE RISK COMMITTEE.
- When answering certain questions, you will come across the following request:
“If no, see Risk Management Tips on our Website.” If you do not have access to the internet and would like a copy of these tips, we can send you one by e-mail on request.
Some of the questions do not really apply to me as I am a single practitioner with no staff/few staff. What should I do?
The questionnaire is aimed at practices of all sizes and types. Inevitably, there will be some questions that are not applicable to your practice. If that is the case, by all means answer “n/a”.
Please read the following before the self-assessment is done:
Why do you want the information?
The information which we ask for in this assessment will be treated as strictly confidential. It will not be disclosed to any other person, without your practice’s WRITTEN permission. It will also not be used by the LPIIF in any way to affect your practice’s claims records or individual cover. An analysis of information and trends revealed by your answers may be used by the LPIIF for GENERAL underwriting and risk management purposes. I elaborate below:
- To assist the insurer when setting and structuring excesses and amounts of cover for the profession as a whole, deciding on policy exclusions, conditions and possible premium setting.
- To raise awareness about risk management and to get practitioners thinking about risk management tools/procedures for their practices.
- To obtain relevant and usable general information and statistics about workloads, staff numbers, types of matters dealt with, stress levels, risk management/practice management and claims history.
- To gain insight into which risk management/practice management procedures are in place/need to be in place in practices.
- To assist in the selection and formulation of the most effective risk management interventions.
- To assist in formulating a strategy to improve risk management/practice management at all levels.
General Manager, LPIIF
(012) 622 3928