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Managing Professional Liability Print

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Exposure from advice.

WHY IT MATTERS

Clients rely on your advice and claim when it causes loss.

WHAT CLAIMS TYPICALLY ARISE FROM

Missed deadlines Incorrect advice Failure to advise on a relevant matter Work outside competence Poor communication of risk Failure to document

WHY MISSED DEADLINES DOMINATE

They are objective, indefensible and entirely preventable.

WHAT TO ESTABLISH

A system tracking every deadline, with lead time.

WHY A SYSTEM

Memory and individual diaries fail.

WHAT TO ESTABLISH ABOUT COMPETENCE

That work is only accepted where the firm is competent.

WHAT TO DO OTHERWISE

Decline, or engage appropriate expertise.

WHY

Work beyond competence is where the serious claims originate.

WHAT DOCUMENTATION PROTECTS

Advice given Instructions received Options presented and the client's decision Warnings given

WHY WARNINGS SPECIFICALLY

Clients who proceeded against advice later claim they were not warned.

WHAT TO DO

Confirm significant advice in writing.

WHAT PROFESSIONAL INDEMNITY INSURANCE PROVIDES

Cover for claims arising from professional work.

WHAT TO ESTABLISH

That the limit is appropriate to the work you do What is excluded That cover continues after work ends

WHY CONTINUING COVER MATTERS

Claims arise years after the work, and cover must exist when the claim is made.

WHAT TO MAINTAIN

Cover, without gaps, including after the practice changes or closes.

WHAT TO DO WHEN A PROBLEM ARISES

Notify insurers promptly Do not admit liability Preserve the file

WHY NOTIFY PROMPTLY

Late notification can void cover.


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