Claims or circumstances which may subsequently give rise to a claim should be notified as soon as possible.
Please note that where the Claim is in the form of a Letter of Claim or Preliminary Notice pursuant to the Professional Negligence Pre-Action Protocol, or where the Claim or Disciplinary Proceedings are only intimated against you, or where you are concerned that they may be intimated in the future, you must have in mind your professional obligation to preserve the confidentiality of your client’s affairs, including privileged material, before sending or communicating information to us. Please contact us to discuss what information you can disclose to us when notifying us about such matters.
Examples of when you should make a notification to us are set out below:
- You receive a letter of claim from a former lay client or former instructing solicitors
- You receive a letter of complaint from a former lay client which contains allegations of negligence and/or which seeks compensation (as opposed to a reduction in fees)
- You receive a letter from instructing solicitors asking for comments on a letter of claim that has been sent to them by a lay client for whom you and your instructing solicitors act or acted
- You receive a letter from instructing solicitors asking you for a witness statement in proceedings to which they are a party
- You receive a letter from the Bar Standards Board asking for your comments on a complaint that has been made by your lay client, instructing solicitor, a third party or the Bar Standards Board on its own motion
- You receive a letter from the Bar Standards Board indicating that you are to face charges of Professional Misconduct
- You receive a letter or email from the Legal Ombudsman indicating that it shall be investigating a complaint of inadequate professional service against you
- You receive a claim form and/or particulars of claim
- You receive a court order requiring you to show cause why you should pay wasted costs
- You receive a wasted costs application brought by the court or a third party or are concerned that a wasted costs application may be made against you
- You become concerned that you may have given negligent advice or have pleaded a case incorrectly