Professional Negligence Claims - Common Areas & Hidden Pitfalls

Introduction

This webinar is aimed at professional negligence lawyers who are involved in cases of claims against solicitors.

The webinar will help you identify issues on claims and avoid some hidden pitfalls.

It will also consider claims in commercial and wills and probate cases, two common areas of claims.

What You Will Learn

This webinar will cover the following:

• Scope of retainer - including issues such as what to look for when pursuing the claim, has the retainer been extended, is the engagement letter clear and the implications for the claim
• Fees - have they been properly explained? Have they been exceeded? And the implications for the claim
• Engagement letter - is there a signed one on the file? A discussion of the terms and effect and the effect on the claim against the adviser
• Cancellable contracts - has the appropriate ‘distance selling’ notice been sent? The potential effect on the claim against the adviser
• Liability caps - is there a cap and where is it in the engagement letter and is it effective? Effects of challenge
• Potential issues in claims and issues to avoid including:
• Limitation - traps for the unwary
• The use of hindsight
• Commercial claims - particular traps to avoid including quantum issues and commerciality arguments
• Wills and probate cases - particular issues to look out for and traps to avoid including issues relating to where the loss lies (who is the right claimant?) tax issues and specific time limits to be aware of

This webinar was recorded on 3rd August 2020