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The pen is mightier than the sword

Tom Pelham despairs at the number of practitioners ill-prepared for professional negligence claims

20 August 2014

I definitely advised the client about that point during a meeting. I think it was in 2009, but come to think of it, it may have been in 2010. But I definitely gave the advice...”

As a solicitor who defends other solicitors against professional negligence
claims, I am told variations
of this tale with depressing regularity. Good advice has been given to a client, but there is nothing to show for it when an allegation of negligence is made years later.

The importance of file
notes and follow-up letters
is drummed into us from the moment we arrive at law school. But by the time we find ourselves in front of clients, most solicitors have decided that file notes are just not for them. Notes are the preserve of people with far too much time on their hands, and quite frankly, they are boring.

It is true that making a full
...

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