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ARTICLE · 19 OCTOBER 2006

Protecting The Position Of LLP Members

While an ever increasing number of law firms are converting to LLP status, the potential remains for claims in tort against individual members and employees.

United KingdomLitigation, Mediation & Arbitration
Peter Maguire
Peter Maguire

While an ever increasing number of law firms are converting to LLP status, the potential remains for claims in tort against individual members and employees. The question of when a personal duty of care is owed raises issues that are of general application to all professionals providing advice and services to clients.

This article looks at the position of solicitors and discusses:

  • the personal exposure of LLP members
  • whether Claimants are likely to pursue individual members
  • the use of disclaimers
  • the application of UCTA; and
  • practical steps that can be taken in order to minimise any personal exposure

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While an ever increasing number of law firms are converting to LLP status, the potential remains for claims in tort against individual members and employees. The question of when a personal duty of care is owed raises issues that are of general application to all professionals providing advice and services

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