Claims or circumstances which may subsequently give rise to a claim should be notified as soon as possible. For example, you should make a notification in the following circumstances:

  • 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
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