Solicitors' Claims: A Practical Guide

The purpose of Solicitors’ Claims: A Practical Guide is to assist those involved in solicitors’ professional indemnity—whether they are insurers, partners or lawyers in law firms, directors of risk or brokers—by drawing together the legal and practical issues which most commonly arise in these types of claims. Where the context permits, chapters highlight potential problem areas and then discuss the legal principles which the courts will apply in determining issues of liability. Thereafter, an attempt has been made to summarise the factual matters which should be considered when a claim or potential claim arises, together with risk management issues and practical guidance as to how potential pitfalls can be avoided in the future.

Chapters in the Guide:

• In respect of claims by third parties was any duty of care owed?
• What were the scope and limits of the solicitor’s retainer?
• Was there a breach of duty?
• Is there a limitation defence?
• Causation – what difference did the alleged breach of duty make?
• Quantum
• Are there any other potential contributors?
• Underlying causes of claims
• Practical claims handling issues
• Settlement: strategic considerations and cost issues
• The April 2013 Jackson reforms: key provisions, strategic considerations and potential pitfalls