Professional Negligence Claims Against Solicitors
Lupton Fawcett specialise in Solicitor Negligence Claims with a national reputation for successful client work. It is vital to appoint an experienced legal team to represent you in this complex area to maximise the chances of a positive outcome.
Maintaining high standards within the legal sector is of great importance to the profession as a whole.
Solicitors, lawyers and barristers are highly trained individuals working in a highly regulated industry designed to protect consumers. Standards in the industry are generally high and most solicitors deal with their clients in an efficient and competent manner. However, as in any profession, there are times when things go wrong.
If you feel you have been let down by a solicitor acting on your behalf, you may need to take advice from a team with professional negligence expertise.
Some common areas of complaint that lead to professional negligence claims against solicitors include:
- Missing an important deadline
- Under settling a personal injury compensation claim
- Filing incorrect paperwork
- Failed to take a vital step on your behalf which caused your case to be unsuccessful
- Suing the wrong person
- Errors in drafting a Will
- Failures in relation to planning permission
The consequences of such mistakes can not only be very costly financially but can also lead to further legal complexities that need resolving, wasted time and unnecessary stress.
Solicitors are required to act in your best interests, and they can be held liable if they fail to do so.
For larger complaints, our own Professional Negligence Lawyers can help you recover any losses you have suffered when your legal advisor has failed to meet the required standards.
Talk to us now by calling the number at the top of this page.
Can I sue my solicitor?
If the advice you received or the actions your solicitor took led to a loss, then it is likely that you could make a negligence claim.
The law recognises that a duty of care exists in the solicitor and client relationship. If there has been a breach of the duty of care, you can sue your solicitor for negligence.
Essentially, solicitor negligence is where a client suffers a loss because the solicitor fails to perform their duty to the required standard.
The legal profession in the UK is regulated by the Solicitors’ Regulation Authority (SRA). The purpose of the SRA is to maintain standards in the profession. The Solicitor’s Code of Conduct (available from the SRA website) is a useful guide to understanding whether you may have a genuine negligence claim.
If you have a complaint against a solicitor, but you have not suffered any financial loss, then you should report it to the Legal Ombudsman Service and the SRA.
The SRA do not have the power to award compensation, but it is possible to report matters to them where it is suspected that there may have been a breach of an SRA principle, and this may lead to disciplinary procedures.
Sometimes clients do not receive the quality of legal service they deserve. Although it may feel daunting, taking action against a solicitor who has failed to meet the expected standards is entirely justified.
How to sue a solicitor for professional negligence
If you believe a negligent solicitor caused you to suffer a significant loss, you will need expert advice on acting against them.
The first step is to establish that there has been a breach of the duty of care. The solicitor’s duty of care will vary between cases depending on the type of work being done, the value of the retainer and events that occurred.
Next it is important to consider what the financial loss has been as a direct result of the solicitor’s negligence. It may not be viable to appoint a solicitor on cases below £10,000 as these are handled in the small claims court where only limited legal costs can be recovered.
Finally, it must be established that the loss or damage was directly caused by the solicitor’s negligence. If there were other intervening events, or the loss would have been suffered even if the solicitor had not breached their duty of care, then the claim is unlikely to be successful.
In most professional negligence cases they claim must be brought within six years from the date of the negligence, or three years from the date of knowledge that a negligent act led to the loss.
How to fund your claim
Professional negligence cases are usually hard fought with big budgets by defendant solicitors and their insurance companies. The most common ways of funding a professional negligence claim are through conditional fee agreements (no win no fee), or legal expense insurance. If we take your case on a no win no fee basis, you won’t be any fees upfront. If the claim is successful we will charge our fees as a percentage of the compensation amount won.
Our team of professional negligence solicitors
Here at Lupton Fawcett, the Professional Negligence Solicitors have a wealth of experience of bringing and defending professional negligence cases. We provide full transparency on costs and litigation funding options will form part of our advice to you. We are dedicated to providing our clients with a successful outcome and a claims process that avoids unnecessary delays.
When you engage the services of a solicitor, you are entitled to expect a skilled and competent service, especially when you are paying fees for these services (and even sometimes when you aren’t). Unfortunately, all professionals can and do make mistakes, which could be very costly to you or your business. If you have any concerns at all, please contact us today.
Contact us today
Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in Leeds, Sheffield and York.
We have spent over one hundred years using our legal skills to help you through difficult, complicated or emotional times. Within every area of law, we put your interests first.
We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.
Lupton Fawcett has long been recognised for our expertise in Professional Negligence Claims. We act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Liverpool, London, Manchester and Nottingham. Our experienced Professional Negligence Solicitors can support your needs wherever you live in England, Wales & Northern Ireland.
Call today or complete the enquiry form and we will get back in touch with you quickly. We will always respond promptly, and we will be happy to help.