An Overview of Professional Negligence Claims Against Solicitors

An Overview of Professional Negligence Claims Against Solicitors

If you are unfortunately unlucky enough to be the subject of bad legal advice you may be able to make a claim against who provided you with the service. You can only make a claim if you suffered a loss as a result of the advice you received.

If the poor advice that you received was from a solicitor, you have the right to claim up to 15,000 in compensation as well as a reduction in your legal fees directly from the solicitor. This option will save you the effort of having to go through the professional negligence process.

When working out how to make a claim for poor legal advice you should ensure that you are aware of the difference between negligence and misconduct. From September 1999 all solicitors had to ensure that they clearly noted their legal fees in writing before providing any services. If your solicitor has failed to provide you with this they will be guilty of professional misconduct and be liable for a penalty.

In the past there have been cases of solicitors estimating their costs at over 15% more than what they actually are. This would be so that when they provide a customer with inadequate advice they could reduce the bill to the ordinary rate and still get their usual rate of pay.

There are several different options to consider if you wish to make a claim against a solicitor that has provided you with a poor service. These includes compensation, disciplinary hearings, professional misconduct, clinical negligence and medical misconduct.

If you decide you want to make any of these claims, by law, you have to ensure that you do it within the limitation period. If you wish to make a claim it is important that you do so as quickly as possible. The average time limit for making a claim is 6 years, after this your case will be invalid and you will be unable to make a claim. The time limit would begin as soon as you were subject to the professional negligence. There are some exceptions to this, for example if the negligence was deliberately concealed from you, the six year limit will run from the day that you discovered it.

Some prime examples of professional negligence in soliciting include negligence surrounding wills. A solicitor should always ensure that a will is written correctly and been validated. If they fail to do this and as a result you are subject to a loss, you have the right to claim. Solicitors may also act negligently if they provide bad advice and poor services when you are arranging a company merger. Many negligence claims against solicitors are due to poorly drafted contracts, if a contract that has been put in place to protect you and it fails to do so and as a result you suffer a loss, this would be grounds for a claim.

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