If you believe your solicitor has failed to provide the expected standard of service, resulting in financial loss or other harm, you may have grounds to sue for negligence. Professional negligence by a solicitor can have serious consequences, and taking legal action may be necessary to seek compensation. Here’s a comprehensive guide on how to sue a solicitor for negligence.
What is solicitor negligence?
Solicitor negligence occurs when a solicitor fails to perform their duties to the required professional standard, causing harm or financial loss to their client. Examples of solicitor negligence include:
- Missed deadlines: Failing to file court documents on time, leading to case dismissals or adverse judgements.
- Incorrect legal advice: Providing inaccurate or inadequate legal advice that negatively impacts the client's case.
- Inadequate representation: Not properly representing a client’s interests in court or during negotiations.
- Breach of confidentiality: Disclosing confidential client information without consent.
- Failure to inform: Not informing clients about important developments or options in their case.
How to prove solicitor negligence
To successfully sue a solicitor for negligence, you must establish four key elements:
1. Duty of care: Show that the solicitor owed you a duty of care. This is usually straightforward as solicitors inherently owe their clients a duty to act in their best interests.
2. Breach of duty: Prove that the solicitor breached this duty by failing to meet the standards expected of a competent professional in their field.
3.Causation: Demonstrate a direct link between the breach of duty and the harm or financial loss you suffered.
4. Damages: Provide evidence of the actual harm or financial loss incurred as a result of the solicitor’s negligence.
Steps to sue a solicitor for negligence
1. Consult a specialist solicitor: Seek advice from a solicitor who specialises in professional negligence claims. They can assess the strength of your case and guide you on the best course of action.
2. Gather evidence: Collect all relevant documents, including contracts, correspondence, and any evidence of the solicitor’s negligence and the resulting damages.
3. File a complaint: Before pursuing legal action, try to resolve the issue through the solicitor’s internal complaints procedure or the Legal Ombudsman.
4. Pre-action protocol: Follow the pre-action protocol for professional negligence claims, which involves notifying the solicitor of your intention to claim and providing them with details of the alleged negligence.
5. Negotiate a settlement: Many claims are resolved through negotiation or mediation, avoiding the need for court proceedings.
6. Issue court proceedings: If a settlement cannot be reached, your solicitor will help you file a claim in court and represent you throughout the legal process.
Why choose Stephensons?
- Experienced solicitors: Our team has extensive experience in handling professional negligence claims.
- Proven track record: We have successfully secured compensation for numerous clients.
- Client-focused approach: We prioritise your needs and strive to achieve the best possible outcome.
- Transparent process: We provide clear, straightforward advice and keep you informed throughout your case.
Contact us
If you believe you have a claim for solicitor negligence, contact Stephensons today. Our expert team is here to help you navigate the complexities of your claim and secure the compensation you deserve. Call us on 0161 696 6178 or complete our online enquiry form and we will be in touch as soon as possible.
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