For example, the solicitor has launched wholeheartedly into getting the facts and has become preoccupied with the legal aspects of the matter and thus has failed to work out and agree with the client just what is to be accomplished, how it will be approached, the issues that must be dealt with, who will do the work and how fees will be charged. A common theme is where the solicitor thinks the matter is closed before the critical date but the client doesn't share that view or the client decides to pursue the matter long after that date has passed. Listening, asking and explaining However self-evident or trite it may seem, legal profession negligence claims are often caused by a poor flow of information between solicitor and client or between solicitors, with the result that the decisions made are simply not the right ones. Despite the wide range of knowledge and intellectual skills developed during our basic tertiary education and early professional years, many in our profession are simply not very good at listening, asking and explaining. The result is usually a claim just waiting to happen in any field of practice, at any time.
Every solicitor knows that oversights are a hazard of legal practice.
Such things normally do not happen because people aren't diligent or the matter is complex or difficult. The trouble is that even usually careful solicitors get involved in professional negligence claims because their practices do not have in place even the most rudimentary quality assurance systems, or simple checks and balances. When it comes to reducing the risk of professional negligence claims, there's nothing more important than focusing your attention on these five danger zones. Most importantly, wearing the right kind of professional seat belt or hardhat will easily become an effective part of a professional practice culture. The Law Society of New South Wales is the professional association for the solicitors branch of the legal profession in the State of New South Wales, Australia.