Expert Reports

As a specialist law firm, we have been asked to provide expert evidence.  Examples of issues we have been instructed on include –

  • Anti-money laundering – Sue Mawdsley’s opinion was requested by professional indemnity insurers on what systems and checks a reasonable solicitor would have implemented in 2005, drawing on her experience of advising firms at the time, and of delivering the Law Society’s training seminars nationally;
  • Professional conduct – Frank Maher was instructed to provide an opinion on the duty of confidentiality in relation to lender litigation, drawing on his knowledge of the changes in the relevant rules over period in question;
  • Limitation of liability – Frank Maher’s opinion was sought on the level at which large law firms limited their liability contractually, and the extent to which they did so, in order to establish whether a particular top 100 firm’s terms satisfied the reasonable test in the Unfair Contract Terms Act 1977; this drew on his experience of drafting terms for many large firms and surveys we carried out over many years;
  • Professional indemnity – a law society, facing a challenge by members over its compulsory scheme, instructed Frank Maher to provide an expert report on the issues it needed to consider if it were to allow waivers to particular firms and the impact it might have on the availability of cover for the regulated firms.

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