Making a mistake when advising a client can lead to costly consequences: John Gould advises on the best approach when accidents happen
- A lawyer who realises that they may have been negligent when advising a client needs to be very careful about what they do next.
- It is essential to consider key duties before attempting to rectify the mistake.
- Simple remedial actions may be possible, but it is unlikely that litigation with third parties could be conducted by the potentially negligent firm.
It comes as no surprise that, from time to time, lawyers make mistakes which cost their clients’ money. Most lawyers are alert to the possibility, but a lawyer who realises that they may have been negligent needs to be very careful about what they do next. Relying on ‘common sense’ could turn possible negligence into professional misconduct, a breach of fiduciary duties, or even a new basis for a claim where none existed before.
Rushing to rectify
It is a natural thought that a lawyer who has made an error should
