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Professional Negligence Claims

Can I Sue a Solicitor for Negligence?

professional negligence claims

Most complaints about Solicitors relate to the quality of their service, so things like not returning calls, or not updating a client. Complaints of this nature can often be dealt with fairly efficiently by making a formal complaint to the firm, who must have a complaints policy. If things get more serious, then it’s possible to pursue a complaint through the Legal Ombudsman.

Sometimes a more serious problem can occur when a Solicitor actually makes a mistake that causes a client to lose out in some way. These more serious problems can leave a client with a potential professional negligence claim against their Solicitor.

Mistakes often include missing time limits, overlooking facts or evidence or missing out aspects of a potential claim. These can all, potentially, lead to a professional negligence claim.

As professionals, Solicitors have what is called a duty of care to their clients. To succeed in a claim for professional negligence against a Solicitor, you must show that they breached their professional duty of care and that their conduct fell below the standard of a reasonably competent Solicitor in the same area of expertise. In addition to that, you must also be able to show that the mistake or poor conduct actually caused you to suffer a loss.

Sometimes a Solicitor makes a mistake, but there might still not be a professional negligence claim because it doesn’t cause the client any loss.

Solicitors are usually sophisticated and tenacious opponents, they must carry good insurance as a condition of being allowed to practice and they are regulated by the SRA (Solicitors Regulation Authority). This means that the true opponents in a claim can be the expert insurers who are also tough, sophisticated and tenacious. The professional reputation of the Solicitor can be at stake too, so that is another reason why claims are frequently defended vigorously.

Unfortunately it is often true that the client would have been in a better position if the original Solicitors had got things right in the first place. Even if you succeed with the professional negligence claim against them later, it is not often as good an outcome.

This all means that you need a good, experienced Solicitor to fight for your side if you have a potential professional negligence claim against a Solicitor. You need to fight fire with fire.

Here at Ibbotson Brady Solicitors Limited we are expert litigation Solicitors. Historically, most of our work is related to injury compensation and clinical negligence claims. However, increasingly we have found ourselves instructed on professional negligence claims against other Solicitors. John Ibbotson is a Grade A litigator and has great experience of how best to run these claims. John will always be happy to discuss any potential claims on an informal and free basis, so call us today on 0113 357 1165 or fill out our enquiry form

Strict time limits apply to bring these claims that are often not straightforward, so don’t delay if you think you might have a claim. Contact John as soon as possible.