How Do I Take Legal Action Against Solicitors

Whilst you should always expect the highest standard of service from your solicitor, there are unfortunate situations where you may be let down. This can leave you in a difficult position, possibly having spent significant time and money on a case that yields no positive results.

Negligence occurs when a solicitor fails to provide a service using ‘reasonable care and skill.’ There are various instances where a solicitor’s conduct may be deemed negligent, which can leave you in a negative position.

At BakerLaw, we can help you take legal action against solicitors if you feel that you have been subject to professional negligence. In this blog, we will address some key questions:

Please note that this blog provides general information and is not intended as legal advice. If you need expert advice regarding a potential legal action against your solicitor, feel free to contact us at BakerLaw - enquiries@baker-law.co.uk.

Can you sue a solicitor for poor service?

It’s important to distinguish whether your solicitor’s poor service has had severe consequences, such as causing you to lose a significant amount of money or negatively affecting the outcome of your case. Bad service (e.g., rudeness or poor communication) does not usually constitute negligence, and in most cases, you should not consider suing for this alone.

If the poor service has not resulted in significant harm, it is often advisable to file a complaint with the Legal Ombudsman. The Legal Ombudsman is an independent service that works to resolve complaints and improve the standard of legal services in England and Wales. If your complaint is upheld, you could be awarded compensation in the range of £50 to £1,000.

However, if the poor service has led to substantial financial loss or damage to your case, you may have grounds for a legal claim against the solicitor.

For surveyors, a similar service is provided by the RICS (Royal Institution of Chartered Surveyors).

What are the examples of solicitor negligence?

For example, in a personal injury case where an individual is suing their employer for a workplace injury caused by faulty equipment, the solicitor may fail to submit crucial evidence that demonstrates the severity of the injury or its direct cause. As a result, the injured party may receive less compensation than they are entitled to, which constitutes solicitor negligence.

Another example could involve a solicitor drafting a Will incorrectly, depriving you of an inheritance that was intended for you. This could result in significant financial loss, providing strong grounds for a negligence claim.

What happens if my solicitor gives the wrong advice?

If your solicitor provides you with incorrect legal advice, it can have serious consequences. In the best-case scenario, incorrect advice might result in wasted time and money, but in the worst-case scenario, it can lead to financial damage, missed opportunities, or even legal penalties.

If the wrong advice has caused you significant harm, there are likely grounds for a claim against your solicitor. Solicitors are required to have indemnity insurance to cover cases of professional negligence, which may allow you to pursue a ‘no win, no fee’ claim. This means that if your case is unsuccessful, you won’t have to pay legal fees. Please note, clients should always clarify the terms of such agreements with solicitors upfront to avoid unexpected costs.

How do you prove professional negligence?

To succeed in a professional negligence claim against a solicitor, you must satisfy three key criteria:

1. A duty of care was owed: In this case, the solicitor had an obligation to act in your best interests and provide you with competent legal services.
2. The professional breached this duty: The solicitor may have failed to investigate key evidence, provided incorrect legal advice, withheld crucial information, or failed to follow legal procedures.
3. The breach of duty caused you to suffer loss that was reasonably foreseeable: This could include financial loss, damage to your reputation, missed opportunities, or additional legal consequences such as fines or imprisonment.

In professional negligence claims, the burden of proof lies with the claimant. That means it will be up to you to prove that the professional has breached the duty that they owed to you. Therefore, you must provide sufficient evidence to support your claim, which may include correspondence such as letters, emails, and other communications and documents showing how you suffered financial loss or other damages as a direct result of the solicitor’s negligence.

How long does a professional negligence claim take?

The length of a professional negligence claim can vary depending on whether the matter is settled during the pre-action protocol stage or whether it goes to court. Claims involving professional negligence are governed by the Pre-Action Protocol for Professional Negligence Claims, which promotes early information sharing between the parties and encourages attempts to resolve disputes amicably before resorting to Court proceedings.

The pre-action protocol typically starts with your solicitor sending a Preliminary Notice to the solicitor in question, outlining your case. This should be acknowledged within 21 days.

After that, a Letter of Claim is sent, inviting the solicitor to settle the matter early. The solicitor is expected to respond within 21 days, either with a Letter of Response or a Letter of Settlement. If they make an offer to settle, the case may be concluded quickly.

If the solicitor denies liability, the case will move to court proceedings, which could take one year or more to resolve, depending on the complexity of the case. More complicated claims may require expert witnesses, case management hearings, or other procedural steps that extend the timeline.

At every stage of the litigation process, both before and after Court proceedings are initiated, parties can participate in alternative dispute resolution, typically through mediation, to attempt to resolve their disputes.

Speak to our solicitors in Farnham, Surrey for advice and representation on Professional Negligence

If you would like to find out more about the process for claiming solicitor negligence or feel you have grounds for a claim, please contact us on 01252 733700 or email us at enquiries@baker-law.co.uk.