Tackling claims

I am pleased that Richard Strother finds the risk management column in the Gazette interesting and informative (see [2001] Gazette, 26 April, 17), and that his letter concerning 'robust replies' to claims has provoked discussion.

However, I would like to clarify the point made in a recent column (see [2001] Gazette, 12 April, 39).

When an allegation of negligence is made, it should be properly investigated, however far-fetched it may appear.

There are two reasons for this.

First, a detailed, structured response repudiating an allegation is more likely to dispose of an unmeritorious claim than a one-line 'get lost' letter.Second, even if there is no merit to the claim, there is still a perception on the part of a former client or their new solicitor that there was a sub-standard service which has resulted in a loss.

Such situations should be investigated to ascertain how and why they arose and how they could be avoided in future.

Claims cost money, irrespective of their merit.

Firms should strive to reduce their exposure not only to claims, but also to situations in which a client believes that their solicitor has failed to deal with their affairs effectively.

Olivia Burren, risk manager, St Paul International Insurance