Research undertaken by international brokers Marsh, has reported that claims against solicitors went up during lockdown.
This indicated that professionals may be vulnerable to mistakes since the implementation of home working by government lockdown rules.
Less supervision, clerical and IT assistance could possibly be to blame for this, which professionals have less access to when they are working from home.
The investigation by Marsh also identified a sharp increase in the private work and real estate sector, and it is predicted that the wills and probate sector will also see a lot more claims, understandably due to the increase in deaths caused by Covid-19.
It is suggested that there was also a surge in people wishing to make or change a will in light of the risks bought by Covid-19, which due to the sudden increase in work and the demand to undertake the work quickly, solicitors were more vulnerable to making mistakes.
Additionally the government’s intention to legalise remote working could also cause significant problems for private client solicitors, conveyancers or any legal professionals, as this may cause issues with identification and undue influence matters, and therefore could make it more difficult for the professional to detect fraud.
Failure to detect fraud and follow the mandatory outcomes of the SRA code of conduct in any type of case can cause the professional to be liable of the losses suffered by the victim of the fraud if a duty of care existed.
