Legal Task Force aims to protect employees with indemnity clause

A TASK Force of young solicitors and freelance practitioners has launched a model clause in a bid to stop partners suing their staff for negligence.

The clause includes an indemnity by the employer against all liabilities and claims which might be made against a member of staff and pledges the firm will not attempt to recover any losses from an employee.

The Task Force, formed by the Young Solicitors Group and the Freelance Solicitors Group, has come up with several ideas to protect legal staff accused of negligence, but has been told that changing practice regulations would be ultra vires.

Now it is lobbying the Law Society to issue guidance to firms, advising them against suing employees. It is also recommending its members use the clause in their contracts when getting new jobs.

Freelance solicitor and sole practitioner Peter Miller, joint chair of the Task Force, said the group had also suggested the creation of a defence union, like a medical defence union, where solicitors could join up and protect themselves against being sued.