- Poor communication is the leading cause of professional indemnity claims against solicitors across all areas of practice, with delay being top of the list in litigation matters.
- Delay and breakdowns in communication can happen for a variety of reasons including heavy workload, stress and poor supervision.
- With the right systems in place, early warning signs can be heeded and measures taken to prevent issues escalating.
Delay and a failure to communicate can give rise not only to disciplinary issues but also professional indemnity claims. Lawcover reports that poor communication is the leading cause of professional indemnity claims against solicitors across all areas of practice, with delay topping the list of factors giving rise to professional indemnity insurance claims in litigation matters. The good news is that with the right systems in place, early warning signs can detect issues and measures can be taken to prevent these issues from becoming bigger problems.
Legal Services Commissioner v Mouritz
In the recent case of Legal Services Commissioner v Mouritz  QCAT 325, a solicitor was retained to act for a client in a claim for unpaid wages against a former employer. The solicitor met the client to discuss the matter, and provided a scope of work and costs agreement detailing that she would have day-to-day conduct of the matter and was the primary contact for all queries.