Your article 'LCS to require solicitors' insurers to pay awards' (see [2007] Gazette, 11 October, 4) reminded me of the uncertainty which surrounds the issue of awards for inadequate professional service (IPS) compared with those for negligence.


As solicitors, we are required to have professional indemnity insurance to cover any claims made in respect of our negligent acts and omissions; this costs several thousand pounds every year in premiums. However, it would appear - from my own interpretation of matters following a recent complaint against my firm - that there is a very fine line between IPS and negligence, in the eyes of the Legal Complaints Service (LCS).



Usually, a client who suffers a loss - through a negligent act or omission from a solicitor - will be able to make a claim, and the claim will in turn be passed on to the firm's indemnity insurer. But what happens if the client, instead of making a formal claim, raises the matter as a complaint with the LCS? It appears to be the case that, regardless of the indemnity insurance cover available, the LCS is prepared to deal with the complaint as one of IPS, and any award made to the client in respect of losses will be stated to be on that basis.



Surely this must leave some firms in the situation where they will have to fund an award to a client which, if the matter had been dealt with under the usual claims procedure, would have been covered under their indemnity insurance? It begs the question: if the LCS is going to deal with such complaints as matters of IPS rather than negligence, should we not also be obliged to ensure that our indemnity insurance policies automatically cover awards for IPS?



Edward R Foster, Fosters Solicitors, Herne Bay, Kent