This post is the third instalment of a ‘how to’ series that explains how to sue professionals for negligence. The first part covered the definition of professional negligence and the basic test for proving it. The second instalment covered the amount of damages that can be recovered from a professional negligence claim. This blog will focus on taking professional negligence claims specifically against solicitors and highlight some examples of situations when a solicitor could be acting negligently.
Yes. Solicitors are not immune from being sued and like any professional if they have acted negligently they are open to a claim.
The same test applies to a solicitor as to any professional to determine if they have acted negligently. A summary of the test can be found in the preceding blog post 'How to Sue – What is Professional Negligence?'.
There are several common areas of complaint that can lead to people making a claim against a solicitor below is a brief summary of a few of these:
Failing to Advise and taking instructions properly: You might be able to make a claim for professional negligence against a solicitor if they fail to communicate to you properly the risks of a transaction. Equally, if your solicitor does not follow your instructions and this causes you to suffer a loss, then you also might be able to make a claim.
Missing Limitation Dates: Many areas of law have limitation dates – a period after the occurrence of an event (for example a breach of contract) by which you must have started legal proceedings. You can make a claim against a solicitor for professional negligence if they have missed the limitation date and your case has been thrown out by the court.
Errors in drafting a Will or Contract: You can make a claim for Professional Negligence against a solicitor if they made mistakes during the drafting of a will or any form of contract, such as an employment contract. In these situations, the negligence of the solicitor involved might go unnoticed for several years, but invalid wills and improperly drawn up contracts of employment can cause huge problems for individuals and businesses. Making a claim against a solicitor for professional negligence compensation is one option available to you in this situation
If you believe you may have a claim arising from professional negligence, please contact us by telephone on 0131 226 8200 or by e-mail to arrange a no-commitment call.