Our experienced team of professional negligence solicitors are experts in pursuing professional negligence claims against solicitors. We understand that your past experience with solicitors may make you wary which is why we’re open, honest and transparent every step of the way.
If you have been badly advised or represented by a solicitor, you may be able to claim compensation.
To discuss your case, call us for a free, no obligation consultation on 01924 457171 or fill in our enquiry form.
How does a solicitor act negligently?
As with a claim against other professionals, a professional negligence claim against solicitors can arise where there is a breach of duty. Breach of duty is the “mistake” or “error” your solicitor makes that causes you a financial loss or other damage that can be put right with compensation.
The essential elements of a professional negligence claim against a solicitor are to establish that the solicitor:
- owed you a duty of care,
- breached the duty of care and,
- caused you loss recoverable at law as a result as a consequence of that breach
How do I make a claim against a solicitor?
It is often straightforward to establish a solicitor’s duty of care to a client as it will be in the contract, agreement or retainer.
Once a duty of care is established, it is necessary to show there has been a mistake or error by the solicitor which amounts to a breach of duty. This can be seen as the solicitor acting in a different way than a reasonably competent solicitor faced with the same circumstances would act and in doing so causing a loss to the client.
If breach of duty can be established, the claimant needs to prove there has been a loss caused that is recoverable at law. Compensation for the loss will usually put the claimant in the same financial position that they would have been in if the breach of duty had not happened.
For example, a claimant who has pursued a personal injury claim found out that the solicitor caused the claim to be settled below the claim’s proper value, known as an “under-settlement”.
The court may consider a claim for damages based on the difference in the proper value of the personal injury claim and the settlement amount recovered. The difference between the amounts would be a starting point for assessing the losses.
If you think you may have a claim against a solicitor for negligence, get in touch with us on 01924 457171 for a free, no obligation consultation or fill in our enquiry form below.
Frequently Asked Questions
Strict time limits apply for anyone wishing to bring a professional negligence claim – there is a limitation period of six years to issue a claim.
This period may be extended if you can show that you only became aware that you could make a claim at a later date outside of the initial six year period. In such a case you have three years to issue your claim from the date you realised you could do so.
All negligence claims are subject to a 15 year longstop. This means that you must issue your claim within 15 years – even if you’ve triggered the three year extension.
How you pay for your claim depends on your circumstances. You may qualify for a conditional free agreement (otherwise known as no win/no fee) or a fixed fee agreement.
Examples of solicitor negligence
In theory, any action taken by a solicitor for a client could give rise to a negligence claim.
We can help with these areas of solicitor negligence:
- Personal Injury
- Employment Law
- Medical claims Negligence
- Trusts and Administration of Estates
- Matrimonial Assets Advice
- General Litigation & Disputes