Solicitors' Claims - a Practical Guide

• Draws together the legal and practical issues which most commonly arise in claims against solicitors
• Offers practical advice for solicitors and those dealing with solicitors’ professional indemnity
• Covers the main areas of legal liability
• Answers the key questions of:
  • Was any duty of care owed In respect of claims by third parties?
  • What were the scope and limits of the solicitor’s retainer?
  • Was there a breach of duty?
  • Is there a limitation defence?
  • Causation
  • Quantum
  • Other contributors
• Deals with specific problem areas in individual chapters, examining the following in relation to each:
• applicable legal principles that courts will use to determine issues of liability, including latest case law developments
• factual matters which should be considered alongside claims
• guidance on how potential pitfalls can be avoided
• identifies the underlying causes of claims against solicitors
• looks at practical claims handling issues
• goes through strategic considerations relating to settlement of claims
• addresses costs issues when considering settlement, including the impact of the April 2013 Jackson reforms

Contents

• Introduction
• In respect of claims by third parties (i.e. non-clients) 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?
• Are there any 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