By Melissa Fenton and Emma Griffith -
Snapshot
- Clear and effective communication is key in minimising the likelihood of a professional negligence claim.
- Legal advice should assist a client to understand the relevant legal issues and make informed choices.
It shouldn’t be surprising that a defining trait of a successful solicitor is their ability to communicate clearly and concisely. It may, however, come as a surprise to learn that this trait includes the ability to be a good listener and assess whether your client has understood your advice.
Lawcover sees a number of professional negligence claims against solicitors arising out of an alleged failure to provide adequate legal advice. These types of claims are frequently pleaded in terms of the alleged negligent mismanagement of litigation. Whilst this captures a broad array of claims, ranging from the failure to meet Court ordered timeframes to a failure to advise on settlement negotiations, recent judicial authority has demonstrated that the courts are willing to assess the reasonableness of advice given by solicitors on the merits of running or settling a case.
