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Solicitors NegligenceMaking a claim against a professionally negligent Solicitor
If you see a solicitor it will generally be because you need advice and assistance with important aspects of your affairs. Whether it is buying a house or a business, you are going through a divorce, pursuing a personal injury claim, or drawing up or administering a Will, these matters will generally be of the utmost importance to you.
If your solicitor gets it wrong your losses could be substantial and the impact of such breaches of the solicitors’ duty of care can have a devastating impact on your life.
Examples of a solicitors’ breach of duty include:
- Failing to inform you prior to purchase of matters that affect the property you have purchased;
- Failing to make reasonable enquiries that would have revealed evidence that would have had a favourable impact on the amount awarded in Court proceedings or indeed resulted in winning your case rather than losing it;
- Failing to adequately draft a Will that reflects the deceased’s intention.
We will help determine exactly whether the advice and assistance given by your solicitor or indeed the advocacy services provided falls within the standard that could be reasonably expected of a solicitor. If your solicitor has failed to meet those minimum standards we can help you identify the losses that you have suffered. We can then consider how best to pursue this claim and the likely costs.
Our aim is to give you as clear a picture of how strong your claim is and how much it is worth as soon as possible and in any event before you take a decision to take proceedings.
However, it should be appreciated that suing a solicitor for professional negligence will generally require a specialist Barrister’s input, particularly in complex matters.
Solicitors are required to have Professional Indemnity Insurance for the consequences of their Negligence/mistakes/breaches of duty, which means you can have a degree of confidence that if you have to bring a claim and you are successful you should be able to recover the full amount of damages and costs awarded. Unfortunately, it also means that those insurers may well take a robust view and often put considerable resources towards defending a claim. This can make running a case against a solicitor quite expensive.
However, if we feel that you have good prospects of success and the value of the claim is sufficient we will be prepared to consider acting for you under a Conditional Fee Agreement – sometimes known as “No win, No fee”.
Sometimes the solicitors’ service whilst inadequate may not amount to negligence. If this is the case you still may have grounds to bring a complaint through their professional body as grounds to bring a complaint.
Solicitors are regulated by the Solicitors Regulation Authority who have the power to stop a solicitor practising if they are found to have breached the Regulations that govern solicitors’ conduct.
Matters of poor service can be referred to the Legal Ombudsman who is able to make compensation awards for poor service. The Legal Ombudsman is also able to investigate overcharging.
We can assist you in bringing matters to the attention of the Solicitors Regulation Authority or indeed making a complaint to the Legal Ombudsman about your previous solicitors.
Professional negligence claims against a Solicitor call for specialist legal advice from experienced solicitors. To make an appointment to discuss your claim, contact Nigel Kinder on 01278 454414 or freephone 0800 862 0442. Alternatively, complete our online enquiry form and we'll call you back as soon as possible.
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