- Preliminary notice should be given to the Client’s previous legal adviser as soon as it is decided that there is a reasonable chance of a claim being made. It should be given in writing with a brief outline of the grievance, indication of value (if known) and a request made for the firm to notify their own professional indemnity insurers at that time, a request can also be made for the client’s file of papers.
- The previous law firm then have 21 days to reply and acknowledge that notice.
- A formal letter of claim should then be submitted setting out a full chronology of the facts and allegations against the previous law firm, details of the loss caused, details of the loss claimed and any supporting documentation should be attached. If the client requires non financial re-dress then the letter should also refer to that.
- The previous law firm would then have 21 days to acknowledge the claim and thereafter 3 months to respond.
- A letter of response and/or letter of settlement should then be made within that time period.
- Consideration should be given to an alternative dispute resolution (ADR) which could amount to simply negotiations to settle the claim, or for example, mediation by an independent third party. If this fails, then Court proceedings may be necessary.
- If court proceedings become necessary we will be able to give you an indication at that time as to the likelihood of when your claim will be concluded.
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