There are various times at which individuals and businesses will require legal advice or assistance. Unfortunately, there are situations where this advice is viewed as inadequate or careless, and this can have severe repercussions for clients. In these cases, the client could argue that the solicitor has been professionally negligent and bring a claim against them. If someone has used the services of a solicitor and they feel that their services were not up to the required level, then they can bring a professional negligence claim for compensation. It is highly advisable that anyone considering doing this seeks immediate expert advice on the process to follow. Likewise, any solicitor that has been accused of professional negligence should take advice themselves on their situation and what they should do next.
If you want to discuss any of the issues raised here, please contact one of our team today. We will put you in touch with one of our specialists who will offer plain language English advice, with a focus on delivering for you.
What Is Professional Negligence?
There is a range of errors that can occur and be regarded as professional negligence. To bring a claim for professional negligence, the client has to show that:
- The solicitor owed the client a duty of care in the client-solicitor relationship. This duty has to cover the mistake that was made.
- That the solicitor has breached this duty of care and skill since their conduct fell below the required level of care and skill of an equivalently qualified solicitor in the same circumstances. The solicitor must have failed to adhere to the common standards of practice in their field. Other points that will be considered here are whether the solicitor followed the client’s instructions and took reasonable care in doing so. The court will determine whether the solicitor showed the correct level of skill and competence and advised on all relevant matters and sort to protect their client’s interests.
- Due to this breach, they have suffered loss. The loss cannot be too remote from the cause and have to have been reasonably foreseeable. The loss sustained has to have been a cause of the breach of duty,
Various situations can lead to a professional negligence claim including:
- Missing the relevant limitation period.
- Missing court deadlines.
- Causing a claim to be struck out by the court.
- Suing the wrong party.
- Failing to follow instructions correctly.
- Advising a client to under settle in a personal injury, employment or divorce claim.
- Advising settlement where an offer should be rejected.
- Failing to identify a defect in a property’s title.
- Making an error when drafting a lease.
- Failing to administer a deceased's estate correctly.
- Failing to service notice by a stated deadline.
- Failing to draft a Will correctly.
- Failing to advise correctly on planning permission and building regulations.
- Failing to get legal aid or legal expenses insurance funding when it was available.
- Failing to instruct an appropriate expert witness resulting in a case being damaged or collapsing.
- Failing to approach a key witness.
- Failing to accept a reasonable offer, which results in a lower amount being achieved at trial or in further negotiations.
- Failing to advise in a property transaction that there are no rights of way to a property or parts of it.
- Failing to advise on restrictive access.
- Failing to carry out appropriate property searches or failing to advise on the consequences of searches.
- Failing to correctly check property plans resulting in a buyer not receiving ownership of some of the property.
- Failing to buy or sell property or assets correctly.
What Should You Do if Your Solicitor Is Negligent?
The parties must first try to resolve the matter outside of court following the procedure set out in the Professional Negligence Pre-Action Protocol. A vast majority of cases will be resolved in this way, meaning that they avoid the need for costly and time-consuming litigation. Before commencing court proceedings, a client has to draft a letter of Claim that states the particulars of their case. The solicitor then has three months to respond and the parties will attempt to resolve the dispute.
Where this is not possible, the client can then bring proceedings issuing a claim form which details their grievance and the losses suffered. At this stage, the accountant states if they are:
- Defending the claim
- Bringing a counterclaim, for example in relation to outstanding fees.
Where a client brings a successful claim, the court will calculate the level of damages based on what is needed to restore them to the position they would have been in if the negligent conduct had not occurred.
Where a client has made their situation worse, for example for failing to disclose relevant and material facts to their solicitor, then the court can find that they were contributorily negligent. This could mitigate the potential damages that they can recover.
Are These Claims Time Limited?
The limitation period for claims for professional negligence is six years from the incident that gave rise to the claim (even if you did not know that it was negligence). Claims that are not brought within this period may be forfeited and result in the client not being able to claim compensation. It is therefore vitally important that anyone concerned that they may have suffered a loss due to their solicitor's negligence seeks specialist legal advice as soon as possible to ensure that the correct steps are followed.
What Funding Options are Available?
There are various funding options available for clients that are needing to bring a professional negligence claim. In certain cases, it may be possible to have a no win no fee arrangement, which is known as a conditional fee arrangement.
Contact Our Professional Negligence Solicitors Mayfair and Throughout London Today
Clients that suffer after receiving negligent advice can find the whole situation very stressful. If they proceed with a claim without a proper understanding of the factual elements that are required to be established, they are at risk of covering the costs of losing the claim in court, including paying the defendant's costs.
Solicitors that are subject to professional negligence claims should also take expert advice since such claims can have serious repercussions on the reputation and business of the solicitor.
At Lewis Nedas, our team of Professional Negligence Lawyers have award-winning experience in professional negligence cases. We have successfully advised clients with highly complex and multi-faceted cases. To speak with one of our Professional Negligence Lawyers, please contact us on 020 3811 5143 or complete our online enquiry form.
