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Professional negligence is a term that most people know yet few people can explain. In broad terms, claims regarding professional negligence are generally made when an individual feels they have been let down by a professional, and, as a result of this, the individual has suffered a loss. This loss can be financial or otherwise but it must have occurred as a consequence of poor service provided by a professional for the individual to have a claim. The type of professional that can be claimed against commonly includes solicitors, barristers, accountants, surveyors, financial advisors, project managers, planning consultants and architects, yet a professional negligence claim can be brought against negligent individuals in almost any profession.
However, there is a reason why professional negligence cases do not appear to make the headlines as often as other areas of the law. Professional negligence is a specialist topic and not an area of general practice for solicitors, and because of this professional negligence cases appear with less regularity than, for example, widely publicised areas of the law such as accident claims. The specialist nature of professional negligence has the effect of reducing the number of solicitors who are sufficiently aware of the issues involved to enable them to undertake professional negligence work effectively. This can make the building of a professional negligence claim quite difficult for an individual if they hire a solicitor that does not absolutely understand all the potential aspects of a professional negligence claim.
Expertise in professional negligence can be reflected in various ways by a solicitor. One of the most obvious things to look for when choosing a solicitor for a professional negligence case is to gauge the amount of professional negligence cases they are instructing upon and, perhaps a little more importantly, the success they are achieving in those cases. Of course, there is more to choosing a solicitor than the sheer amount of cases they receive – a large law firm may simply get more cases due to being just that. It is important the solicitor you choose, regardless of the size of the firm, has the necessary levels of experience and resources to provide advice, assistance and representation in order for the client to be successful in their potential claim against a professional.
In more detail, there are a number of elements that need to be examined before an individual can be fully confident that they have hired the right solicitor for the job. A quick and efficient review of any potential claim is a good starting point, followed by clear and straightforward advice on the merits of any potential claim. This should include a full explanation of the practice and procedures involved in pursuing a claim, and transparency in regards to the costs involved in pursuing a claim. If the solicitor offers the availability of alternative means of funding to include conditional fee agreements, then this can, depending on your circumstances, be extremely helpful too. A “no-win no-fee” arrangement enables you to pursue a claim without having to pay much (or sometimes anything) unless you are successful. A solicitor with good knowledge of professional negligence claims will be confident in their ability to assess accurately the merits of a claim, and will therefore often be prepared to take the chance that they may not be paid if the claim is unsuccessful.
Ultimately, it helps to remember that if a solicitor decides that an individual’s potential claim does not merit pursuing then the individual can take their potential claim elsewhere.
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An organisation that pledges to support the interests of High Street lawyers is in discussions with a major insurance broker in a bid to solve the predicament of high professional indemnity premiums.
The Nationwide Solicitors Alliance is vowing to help law firms prepare for next year’s renewals now and has consulted with PI specialists at London brokers Prime Professions.
The industry has been rocked in recent weeks as the rate of PI premiums has more than doubled for some practices, leaving some faced with closure and many more facing further financial woes in an already difficult market place.
In response, NSA is working with Prime Professions and major PI insurers to develop and implement a risk management programme for their members, improving their insurance profile and allowing them to benefit from group negotiations.
Steve Battarbee, NSA director, says: “Smaller firms face a tough time this year as a result of huge hikes in PI premiums, even for firms with good claims records, costs have been difficult to absorb.
“It seems that no real account is being taken of a firm’s performance and as renewals take place in such a short time scale, there is no time for genuine negotiation. There is little opportunity for firms to demonstrate they have effective risk management in place and they should not be profiled as high risk just because they are small.”
Fellow director, Tracy Thompson, says: “By involving insurers and specialists in risk management, we intend to develop our own quality mark that will be recognised by the insurance industry and by doing so our membership, we will hopefully secure better terms.”
“There is no point waiting until September to do this – firms need to start working on next year’s renewal today.”
www.solicitorsalliance.co.uk/nsa-news/the-professional-indemnity-debate
www.solicitorsalliance.co.uk