How solicitors are insured
Solicitors in Scotland have an excellent reputation and the vast majority of clients are happy with the services they provide. If you feel that your solicitor or a member of their staff may have been negligent in the way they have handled your case, then you may have a claim against them.
The Society arranges professional indemnity insurance for all Scottish solicitors in private practice. Known as the Master Policy, this provides insurance against losses caused by a solicitor's negligence.
Solicitors working for other businesses and organisations which are not regulated by the Law Society will not be covered by the Master Policy. However, many are likely to have other indemnity insurance arrangements in place.
The Master Policy, as with every other insurance scheme, is not a no-fault compensation scheme. It covers Scottish solicitors in Scottish firms.
The Master Policy is the compulsory professional indemnity insurance arrangement which covers all Scottish solicitors working in private practice. The Society arranges the Master Policy. Claims are handled by the Master Policy insurers. The insurance provides cover of up to £2 million for any one claim.
In summary, if you make a claim against your solicitor, your solicitor is entitled to make a claim for indemnity from the Master Policy insurers. Provided it is established that you have a valid claim, the Master Policy insurers will meet the solicitor's liability to you to meet your claim.
Not every claim will involve the insurers. Whether or not the Master Policy insurers become involved, you still have to establish that your solicitor was negligent.
Depending on the circumstances, you may find that the Master Policy insurers (or solicitors instructed by them) become involved in responding to your claim. Where that happens, you will be sent a copy of the Master Policy claims handling philosophy, which is a statement of how the insurers seek to resolve claims.
Further information on the Master Policy may be obtained by emailing the Paul Mosson at PaulMosson@lawscot.org.uk.
The Master Policy insures the solicitor through their firm not the client themselves, therefore all claims should be made to the solicitor or the firm’s Client Relations Partner in the first instance (find out more about the role of the Client Relations Partner).
An exception is made for former clients of WW & J Mcclure Limited and you can find out more here.
If a claim is successful then a client may not need further legal advice unless they want independent advice on the settlement offered. However, if the claim is unsuccessful and the client wishes to challenge it, they may need to seek legal advice. In that scenario the client may wish to contact a solicitor from the Pursuers’ Panel. It is important to note that the Panel will ordinarily charge for their services, and there is no guarantee that they will be able to take on any particular case.
Scottish solicitors working in private practice have professional indemnity insurance cover for claims against them. This insurance means that, if you establish a valid claim for negligence against a solicitor, that claim, subject to the terms and provisions of the Master Policy, will be paid - even if the solicitor is no longer in practice, no longer solvent or cannot be traced.
Advice on professional negligence claims against solicitors
Clients who would like advice on whether they have a valid claim can consult a member of the Pursuers' Panel, which consists of eight solicitors with expertise in dealing with professional negligence claims against other solicitors.
The panel assists members of the public with advice about potential claims for negligence and will also pursue well-founded claims on their behalf.