Professional Negligence
In order to bring a claim against a solicitor, you must establish that the solicitor or the law firm has
been negligent. A distinction has to be drawn between negligence and professional misconduct,
such as inadequate professional service. If there has been inordinate delay, it may be possible for the
client to claim compensation against the solicitor through the Legal Complaints Service, which can
make awards up to £15,000. There will be many cases where solicitors may be liable for inadequate
professional service but not negligence.
There are a number of essential elements in bringing a claim for professional negligence and it is
necessary to prove that the solicitor owes you a duty of care. In most cases involving a client, rather
than a third party, this should not be a substantive issue. However, issues could arise as to the extent
of the solicitors’ duty and whether there has been a breach.
A critical part of any claim is that it is essential to prove causation. In other words, the loss suffered
was caused by the actions of the solicitor. In many cases, for example those relating to the
mishandling of litigation matters, unless the client can establish that he has suffered loss as a result
of the negligence, the claim will fail. For example, if the solicitor failed to appeal a decision that
failure would not equate to a claim if any such appeal had no real prospect of success. Similar
considerations would apply on arguments that a solicitor had failed to investigate certain issues or
trace certain witnesses. In practice, this can be a difficult element for a client to establish.
As with any claim, the innocent party is under a duty to mitigate his loss and must take whatever
steps are necessary to reduce or mitigate his loss. Such a duty does not normally extend to starting
proceedings unless the solicitors provide an indemnity for these costs.
If you believe that you have a claim because your solicitor has been negligent, then please contact
us for an initial consultation.