Common causes of negligence claims
Common causes of negligence claims

The following Practice Compliance precedent provides comprehensive and up to date legal information covering:

  • Common causes of negligence claims

    1. 1

      Introduction

      1. 1.1

        We recognise there are risks inherent in our practice.

      1. 1.2

        We aim, as far as possible, to have a no-blame culture—we are all capable of making mistakes. There are, however, common causes of negligence claims in the legal profession generally[ and also within this firm].

      1. 1.3

        The purpose of this document is to describe the common causes of negligence claims, both general (section 2) and for different types of work (sections 3–8). This should help all our staff guard against negligence.

    1. 2

      Generic causes of negligence claims

      1. 2.1

        Missed time limits, drafting errors, advice on the law and Inappropriate action dominate negligence claims against lawyers, but the root causes of the errors can vary. The table below sets out typical errors, common contributing factors and associated behaviours.

        Typical claimCommon contributing factorsBehaviours
        Missed time limitWork volumes unmanaged
        Late instructions
        Difficult (high-risk) clients
        No warning to client of impending time limit
        Delay
        Haste
        Avoidance
        Distraction
        Advice on law wrong
        Drafting error

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