How do I sue my solicitor if they make a mistake?
If you are contemplating a claim because your solicitor has made a mistake, then you can contact us for a free assessment of your claim and details of No Win, No Fee funding. Call 0333 888 0403 or send brief details of your case to us at [email protected]
My solicitor has been negligent, what can I do?
This is usually the starting point of any negligence claim against a solicitor. Lawyers often refer to this as the ‘breach of duty’. A solicitor will owe a duty of care to his clients. When that duty has been breached then negligence will follow. The solicitor’s duty of care will vary from case to case according to the type of work being undertaken, the extent of the retainer and the experience of the client.When assessing whether a solicitor has been negligent it is common to compare the solicitor’s conduct with the standard to be expected from a reasonably competent solicitor.
Has my solicitor’s mistake resulted in me suffering financial loss?
To sue your solicitor it is important to consider what financial loss has been suffered as a direct result of the solicitor’s bad advice. In particular it is vital to determine whether or not the case falls within the ambit of the Small Claims Court. The small claims court limit is currently £10,000 (September 2022). If you go to a small claims court then only limited legal costs are likely to be recoverable. This means that it is generally uneconomic for the claimant to appoint a solicitor to handle the case.
Where the value of the claim exceeds the small claims court limit the economics change due to the fact that some legal costs are recoverable from the other side. This makes it more viable for solicitors to deal with the claim. And the greater the value of the claim, the more viable it is for solicitors to be retained.
However, it is only commercially viable for us to work on a No Win, No Fee basis where the value of the claim exceeds £25,000.
It is also important to bear in mind that the financial loss you are claiming must be direct. If there has been an intervening event that has caused the loss, or the loss would have been suffered even if the solicitor had not breached their duty of care, then the losses may not be recoverable
How to make a claim against a solicitor on a No Win, No Fee basis
If your solicitor has caused you to suffer financial losses in excess of £25,000, and you would like to pursue a claim on a No Win, No Fee basis then we will be happy to assess your case, free of charge. In order for us to be able to take your case on under a No Win, No Fee agreement we will need to establish that:
- your solicitor has acted in beach of their duty of care;
- you have suffered financial loss as a direct result of that negligence; and
- the claim has a value that is in excess of £25,000.
If you feel that your case would be eligible for No Win, No Fee funding then contact us for a free case assessment.
Call 0333 888 0403 or send brief details of your case to us at [email protected]
