THE combination of the UK’s increasingly litigious society and the fierce pressure many professionals are under is a ticking timebomb, according to North Yorkshire lawyer Mike Willis.

A former partner with Leeds-based DAC Beachcroft who now runs his own firm F Mike Willis, Mr Willis believes too many professionals, such as accountants and solicitors, are facing claims which could have damaging consequences.

Mr Willis, whose firm is based at Thormanby, near Thirsk, and celebrates its first anniversary this month, explained: "These claims can range from internal disputes, insurance issues, regulatory issues and client problems. It is crucial not to ignore them. Their increasing frequency across all the professions adds up to a ticking timebomb, which has to be addressed pro-actively before it causes havoc."

He said the most common claims-related problems facing professionals include:

- Should I sue on a bad debt – or am I vulnerable to disproportionate retaliation?

- How do I tell insurers of my peril in a way that transfers the risk without endangering next year’s renewal?

- Do insurers have to be told, and how should I treat with them once they have been told?

- What action or measures can/must be taken meanwhile?

- How do I deal with an exposure that is not insured/able?

Mr Willis said: "Getting to the bottom of the problem nearly always means a great deal of forensic research as well as planning routes ahead, often involving directors, staff, insurers and clients.

"Inevitably, these tasks are best carried out by an independent and experienced consultant, normally a professional risks’ lawyer, with a fresh, objective perspective.

"Causes of claims fall broadly into five categories: bad management; technical error; bad luck; relationship breakdown; and dishonesty. Administrative inefficiencies are traditionally the most frequent causes of trouble.

"There is no limit to the range of potential scenarios attributable to file disorganisation, lax supervision, clerical errors and diary oversights.

"All too often expressions of dissatisfaction with an aspect of service, such as delay, rudeness or inattention, are responded to so clumsily, with arrogance, defensiveness or lack of apology that the matter escalates, first into a fees dispute, then a full blown law suit. It never hurts to say sorry, anyone who can’t write with charm and empathy should get help to do so.

“So, the next time preventative measures fail and something goes horribly wrong don’t be afraid to seek external counsel to assist you with the problem."