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The Handover Note That Saves You From A Claim

Most professional negligence claims aren't lost on the law. They're lost on the file.

Ask any defence solicitor what wins professional negligence claims and they will tell you: the file. Specifically, the contemporaneous notes. Every defensible matter has a clear written record of what was done, what was advised, what was decided and why. Every indefensible one has gaps.

The note that does the work

The single most useful thing a consultant solicitor can write at the end of any meaningful interaction with a client is a short handover note to themselves on the file. Not for the client. Not for the regulator. For the future version of you who, three years from now, may have to explain to an insurer what happened.

It needs to record three things. What the client said happened. What advice was given. What the client decided to do. Date and time at the top. Half a page is plenty. Bullet points are fine. It does not need to be polished, only contemporaneous and complete.

The conversations that need it most

Any decision that goes against your advice. Any decision the client makes that involves accepting risk you have flagged. Any oral instruction to do something material. Any conversation about scope of retainer. Any conversation about fees. Any conversation where the client expresses dissatisfaction. These are the conversations where the absence of a note hurts most when it comes back round.

The discipline

The trick is making it routine, not heroic. After every meaningful client interaction, before you switch tasks, write the note. Two minutes, five sentences. The lawyers who do this consistently almost never face claims. The lawyers who do it when they remember are exposed.

The cost-benefit

Two minutes per significant interaction, multiplied by your career, against the catastrophic downside of a defensible matter becoming indefensible because nobody can remember what was said. It's the cheapest insurance a consultant solicitor can buy.