Responsibilities of an Attorney

Question 1

An attorney allows a claim to prescribe what steps must be taken to protect his client

Answer 1

• attorney must advise client in writing claim has become prescribed
• not admit to negligence as this may vitiate his rights under his professional indemnity policy and the master policy issued by the Attorneys Indemnity fund
• Attorney must also advise his client to consult another attorney regarding the original claim and prescription

Question 2

An attorney allows a claim to prescribe what steps must be taken to protect himself

Answer 2

• must immediately once the fact that the claim has prescribed becomes known advise his professional indemnity insurer and the Attorneys Indemnity Fund of the potential claim.
• if a normal demand or summons is received this must also be handed to the insurers.