Firms that rely on standard letters to advise clients leave themselves open to potentially opportunistic professional negligence claims, warns Jennifer Haren

The Court of Appeal has rejected submissions that financial constraints and economic pressures require solicitors to ‘commoditise’ their advice. Lord Justice Tomlinson warned against over-reliance on standard letters and tick-box questionnaires to discharge the duty owed to clients to ensure they fully understand the instructions that are provided.

The warning was given in Proctor v Raleys Solicitors [2015] EWCA Civ 400, where the court upheld a finding of professional negligence against Raleys for its conduct of Mr Proctor’s miner’s compensation claim.

The case concerned a claim
by Proctor that Raleys failed...

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