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subject: Can I Make A Professional Negligence Claim Against My Solicitor? [print this page]


If you find yourself on the receiving end of a breach of the law or a breach of the duty of care owed by a professional, you may find that the situation can become extremely stressful and emotional especially when it cannot be solved amicably.

Quite correctly, you contact a solicitor whom you trusted to bring justice or to claim compensation. However you feel that you have been given incorrect advice and poor service. You could be able to claim professional negligence against the solicitor which was dealing with your case.

Professional negligence refers to poor advice or service received from those qualified and experienced in their specialist area, for example; solicitors, barristers, architects and estate agents. These errors need to be proved and usually an independent professional and a governing institution or association will be involved.

If this wrong advice or lack of service leads to the client loosing money then they may become entitled to complain of professional negligence. However you will be unable to make a professional negligence claim against your solicitor if you are simply unhappy with the level of service but you suffered no damage or loss as a result.

So what happens if the solicitor acts incorrectly too? It is common for clients to fear that solicitors will only protect themselves and that they will not want to take on a professional negligence claim against another solicitor. In fact there are many scenarios where this can, and has, occurred and with a successful outcome.

An example is where a solicitor misses an important legal deadline, which means that your entitlement to claim is lost. This, like any other improper legal transaction made on behalf of you by your solicitor may have meant you missing out on a large compensation. Another example is where concerns are raised about a negligently drafted will, which has the effect of preventing a loved ones wishes from being realised.

There are numerous different types of cases of professional negligence that can be brought against a solicitor, for example purchase claims to commercial or civil disputes, property sales or divorce. It can even be a case of solicitor legal negligence arising out of professional negligence claims themselves.

If you do feel like you have received sub-standard treatment from a legal professional, then do seek legal services elsewhere, an experienced professional negligence solicitor will be able to advise you on the merits of your claim and help you get the compensation you deserve.

by: Tim Bishop




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