Ask a Law Question, Get an Answer ASAP!
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
1. All the solicitors who are partners in a firm of solicitors are jointly and severally liable for all debts of the partnership. Where the PI cover is increased owing to a claim for negligence of one solicitor, then the partners remain liable, jointly and severally, for this increased Professional Indemnity Insurance premium. Unless, there is specific provision in the partnership agreement that one solicitor is liable in the event of a claim against that solicitor for the increased premium, the PII COVER still remains a joint debt of the firm. There has to be a specific provision for the negligent solicitor to be liable to the other partners for the increase in premium. In the normal event, all the partners remain jointly liable for this increase in premium.
2. If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.
3. If the solicitor is not a partner but a consultant, then this analysis is not correct. Instead the consultant can be made liable for the additional Professional Insurance Indemnity premium if it is a term of his employment contract. So long as the partners wish to hold him liable, they can do so, as his continued employment there depends upon it.