The current climate is likely to create more work for litigators but lawyers themselves could increasingly end up as defendants in professional negligence claims brought by lenders, says Georgina Squire

The natural assumption would be that the credit crunch could only benefit litigation practitioners. In the current economic climate, it is all the more important for a practitioner faced with an instruction from a potential claimant to recover a debt, to assess the likelihood of recovery and the potential recovery routes before embarking on the court process.

Chances of recovery

It may be worth recommending to the client that they first search for assets and then direct the recovery action towards those assets. Of course, we should always be mindful of Rule 2 of the Solicitors’ Code of Conduct, which requires a solicitor to provide a client with all necessary information to enable them to make suitable d...

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