If you have engaged a solicitor to represent you in a legal transaction, you are entitled to receive competent advice. If your solicitor has failed to adhere to the professional standard that can be reasonably expected of them or has breached their duty of care towards you and you have suffered loss or damage as a result, you may be entitled to make a claim against them.
What Should I Do If My Solicitor Is Negligent?
If the service you have received has been poor or negligent and you cannot resolve matters with the solicitor in question, you are advised to speak to another solicitor about the possibility of claiming compensation.
Examples of solicitor negligence include:
- Failing to meet a deadline for bringing a claim, such as in a personal injury case, a contested Will case or a medical negligence claim
- Allowing a claim to be struck out by the court
- Providing inadequate advice or representation with the result that loss is incurred such as a case being settled for less than it is worth
- Making errors in drafting legal documentation, for example, a Will that causes financial loss because of mistakes it contains
- Not carrying out adequate searches or enquiries in respect of a house purchase
Can I Sue My Solicitor For Negligence?
If your solicitor has not provided the professional service that it is reasonable to expect and you have suffered a loss as a result, then you are likely to be able to sue them. We can discuss your potential claim with you and let you have our opinion as to whether you have a valid case and how much you might be entitled to receive.
How Can I Prove Professional Negligence Against My Solicitor?
To bring a successful claim, you will need to prove the following:
- That you were owed a duty of care by your solicitor
- That they breached this duty
- That this breach resulted in a loss
How Long Will It Take To Sue My Solicitor For Professional Negligence?
The time taken to complete a claim depends on how complex it is as well as the value. If you have a strong case and liability is admitted, it may be possible to settle your case by negotiation, avoiding the need for a court hearing. Our team are strong negotiators and have a reputation for achieving good settlements outside of court.
Where a case is settled in this way, it is often possible to complete the claim in a matter of months. If a case goes to court, it can take considerably longer.
How Much Compensation Will I Get For A Professional Negligence Claim Against My Solicitor?
The amount of compensation paid for professional negligence will depend on the size of your losses. If you would like to discuss your particular situation with us, we will be happy to give you an idea of the amount you might be entitled to receive.
Is There A Time Limit For Bringing A Professional Negligence Claim Against A Solicitor?
The time limit for bringing a professional negligence claim is generally six years from the date of the negligence. If you do not discover the negligence at the time, for example, if you bought a house with a defective title and you do not find out until you come to sell it, the time will run from the time you discover the negligence and will be three years.
There is a long stop of 15 years from the date of the negligence in professional negligence cases, after which no case can be brought.
If you believe you may be entitled to bring a claim, you are advised to speak to a professional negligence solicitor as soon as possible.
Who Will Pay My Compensation For Solicitor Negligence?
Solicitors are required to hold professional indemnity insurance. If they are negligent, then their insurer will be responsible for settling the claim. Where a firm no longer exists or a claim cannot be made against the insurer, it may be possible to claim against the Solicitors Indemnity Fund.
Do You Want To Sue Your Solicitor For Negligence? Contact Witan Solicitors Today
At Witan Solicitors, we act for clients in professional negligence claims against solicitors in a range of disputes, including:
- Property solicitors negligence
- Conveyancing solicitors negligence
- Negligence in personal injury claims
- Commercial litigation negligence
- Employment law negligence
- Wills and probate negligence
- Family law negligence
If you believe that your solicitor has not conducted your case properly, please feel free to ring and speak to one of our expert professional negligence solicitors who will be able to advise you as to whether you have a case. Email us at info@witansolicitors.co.uk or fill in our contact form.
