A solicitor’s file should include any instant messages for which a fee has been raised (MacInnes & another v DWF Law LLP)
Dispute Resolution analysis: In a dispute over whether solicitors were in breach of an order to disclose their entire client file to their clients in proceedings under the Solicitors Act 1974 (SA 1974), Costs Judge Nagalingam held that the firm’s failure to disclose WhatsApp messages rendered it in breach. Any items of communication for which a charge had been made necessarily formed part of the file. This included messages sent via WhatsApp, for which systems should have been in place to extract and save their contents. Written by David Juckes, barrister at Hailsham Chambers.