Sometimes, the professionals we trust to handle our legal matters can make mistakes. If a solicitor’s actions or negligence have caused you harm, you may be considering suing them.
This can feel like a daunting process, but understanding the steps involved can help you navigate it with confidence. Here’s a simple guide to suing a solicitor for negligence or breach of duty.
When Can You Sue a Solicitor?
Solicitors, like other professionals, have a duty of care to their clients. This means they are expected to provide a reasonable standard of service and act in your best interests. However, if your solicitor fails to meet this standard and their actions result in a financial loss or other harm, you may have grounds to sue.
Common reasons people sue solicitors include:
- Negligently handling a conveyance, such as failing to advise on easements, covenants and restrictions failing to advise on matters that affect the Title to the property including panning restrictions, mine shaft entries and other adverse Title entries
- Negligently preparing a Will or handling Probate including failing to have a will properly executed, failing to take proper instructions before drafting a Will and failing to distribute assets correctly or in a timely manner
- Negligently conducting litigation including under settlement, poor advice and missing time limits
Steps to Take If You Want to Sue Your Solicitor
Seek Legal Advice for a Negligence Claim
If you’ve suffered significant losses due to your solicitor’s mistake, you may want to consider legal action. This is known as a professional negligence claim. To pursue this, you’ll need to prove:
- The solicitor owed you a duty of care.
- They breached that duty (e.g., gave incorrect advice or missed deadlines).
- You suffered a financial or personal loss as a result.
It’s recommended to consult another solicitor, one who specialises in professional negligence, to assess your claim and guide you through the process.
There is a process to follow set out in the Pre Action Protocol for Professional Negligence Claims this provides a framework where the parties can exchange information serve a Letter of Claim and Response and then engage in Alternative Dispute Resolution as an alternative to Court proceedings.
What Can You Claim For?
In a successful case against a solicitor, you may be able to claim compensation for
- Financial loss
- Inconvenience and distress
- Other remedies appropriate to the facts of the case
Time Limits to Sue a Solicitor
Be aware that there is a time limit for bringing a claim against a solicitor. In most cases, you have six years from the date the negligence occurred. However, if the mistake wasn’t immediately apparent, the time limit may start from when you first became aware of the issue. However, these dates can in some circumstances can be difficult to assess and be quite complicated and there are a lot of factors to be taken into account. You should consult an expert in professional negligence as soon as you become aware that there may be a problem.
Is Suing a Solicitor Worth It?
Taking legal action against a solicitor can be a lengthy and expensive process, so it’s
important to carefully consider whether it’s the right step. However, for serious cases
involving significant financial loss, pursuing a professional negligence claim may be necessary.
If you feel that your solicitor’s actions have caused you harm, it is always wise to consult an expert in professional negligence to ensure your case is strong and worth pursuing.
Taking legal action can be complex, but understanding your rights and the steps involved can empower you to make the right decision for your situation.
If you have a dispute with your solicitor and need legal assistance, call us on 0333 004 0272 or fill out our contact form here.
