Making a Negligence Claim Against a Solicitor
If you are thinking of suing a solicitor, pursuing solicitors professional negligence claims (and barristers negligence claims) is one of our core areas of business.
Of all the professional negligence claims we deal with on a day to day basis, solicitors negligence claims are easily the most common.
Solicitors often grumble that when something goes wrong, the buck usually stops with them. As a result solicitors compensation claims are on the increase.
Our professional negligence solicitors have more than 20 year experience in representing clients who have suffered loss as a result of their solicitor’s negligence. We deal with negligence claims relating to all aspects of a solicitor’s practice. You name an area of law and the chances are that we will have sued a solicitor for negligence in that area. As an illustration, we have recent experience of bringing compensation claims against solicitors in respect of the following areas of practice:-
- Personal injury solicitors negligence
- Commercial property solicitors negligence
- Will preparation solicitors negligence
- Divorce solicitors negligence
- Residential conveyancing solicitors negligence
- Commercial litigation solicitors negligence
- Employment solicitors negligence
- Solicitors negligence in clinical negligence and medical negligence
We even have experience in dealing with solicitors negligence arising out of professional negligence claims!
No two solicitors negligence claims are ever the same. Different issues arise in each case, which is what makes this area of law so fascinating. However, there are a number of scenarios that crop up on a regular basis. Here are some of the usual suspects:-
- A solicitor has missed the limitation date
- A solicitor has caused your claim to be struck out by the court
- A solicitor has failed to identify a defect in the title to your property
- A solicitors has made an error in drafting a lease
- A solicitor has undersettled your personal injury claim
- A solicitor has sued the wrong party
- A solicitor has failed to administer a deceased’s estate correctly
- A solicitor has failed to serve a notice on your behalf by a given deadline
- A solicitor has failed to advise you about planning permission and building regulations
- A solicitor has failed to draft a will properly
These are just a few of the most common scenarios in the solicitors negligence claims we have dealt with over the years.
Most professional negligence claims involve expert evidence. So, for instance, in a surveyors negligence claim the parties would obtain a report from an expert in surveying. The same goes for most other areas of professional negligence, with the exception of solicitors negligence claims. Because we are solicitors ourselves and the judge will be a solicitor or a barrister, it is rare for expert evidence to be used in solicitors professional negligence claims.
It is therefore important that solicitors dealing with these cases have a good all round knowledge of the law. Whilst the professional negligence lawyer does not need to be an expert in, say, matrimonial law, it certainly helps if they are familiar with the principal concepts within that particular field. Our professional negligence solicitors certainly have an excellent general understanding of a variety of areas of practice. Many will have actively practised within different areas of law earlier in their careers, giving them valuable insight into the subject matter of the solicitors negligence claim.
Because we are a broad based legal firm, we are able to call upon the expertise of our colleagues in other departments. Many of our lawyers have developed their own expertise in offering the professional negligence team guidance on good practice within their own specialised fields and are able to flag up issues that are likely to be relevant when assessing whether a solicitor has acted in breach of his duty of care.
When bringing a solicitors compensation claim it is important to distinguish between negligence and inadequate service. There is often an overlap between the two concepts. Delay for instance is a common cause for complaints. In many cases this simply amounts to inadequate service, but delay can also be serious and lead to material financial loss. If this is the case then a claim for compensation for solicitors negligence can be made.
Where the problem is restricted to poor service then the client might be best advised to deal with the matter using the solicitor’s complaints system. And if that does not resolve the dispute then the case can be referred to the Legal Ombudsman (LeO) who is now in charge of dealing with complaints against solicitors. The Legal Ombudsman has the power to award compensation against the solicitor for inadequate service. But where the allegations are more far reaching and involve negligence resulting in material financial loss then the LeO will probably recommend that a firm of solicitors specialising in professional negligence is consulted.
If you have been let down by a solicitor and have suffered financial loss as a result then contact us now for a FREE assessment of your solicitors negligence claim.
One of our specialist solicitors will assess the merits of your negligence claim and offer you guidance on legal liability, causation and loss. We will also be able to advise you on funding options, including No Win-No Fee and Legal Aid.
Sometimes it is necessary for us to obtain the negligent solicitors’ original file of papers in order to properly evaluate the case. The solicitors’ file may contain a lot of useful evidence in the form of documents, letters and attendance notes that you may never have seen. We can apply for the file ourselves and can email you a form of authority to sign so that no time is wasted. Furthermore, we can usually do this without charge to you. It is only if the documents are particularly voluminous that we sometimes charge a small fee.
For further information about negligence solicitors claims and negligent solicitor compensation give our free negligence helpline a call now on 0808 139 1595 or email details of your solicitors negligence claim to us at email@example.com