Can I sue my solicitor? To successfully bring a professional negligence claim against your solicitor, you will need to show that you have suffered more than just bad service. The solicitor must have done something (or failed to do something) that caused you a loss.
Is it possible to sue a solicitor?
Even though part of a solicitor’s job is to sue, it does not make him or her immune from being sued in their professional capacity. A solicitor can be sued for negligence just like any other professional person and professional negligence cases are actually fairly common.
What can you sue a solicitor for?
Solicitors owe a duty of care to their clients to provide competent legal advice, and when that duty is breached, the client can sue the solicitor for damages to compensate them for the losses they have suffered. When a solicitor breaches their duty of care to a client, this is called professional negligence.
How do you make a negligence claim against a solicitor?
In order to win a negligence claim against a solicitor, the claimant will need to prove a number of things. Foremost among these is the notion of “duty of care”, meaning that it is necessary to prove that, under the terms of the solicitor-client relationship, the defendant solicitor owed a duty to the claimant.
What can you do if your solicitor has been negligent?
If you have complained to your solicitor about poor service and you are not satisfied with their response, you can contact the Legal Ombudsman. The Legal Ombudsman deals with poor service, such as: delayed or unclear communication.
What is negligence from a solicitor?
Elements of a Solicitor Negligence Claim
For a mistake to amount to negligence you must have (1) made a mistake, (2) breached your duty to the client, and (3) the client must be able to show that if it weren’t for your mistake, they would not have suffered the loss.
Can you claim compensation from a solicitor?
But can you make a claim for Compensation? The answer is yes. Even professionals with experience can make mistakes for whatever reason and if this results in financial loss or a loss of chance, you may have the right to claim.
What happens if a solicitor lies?
If an allegation of dishonesty is found proved, the likely outcome is that the solicitor will be struck off unless exceptional circumstances can be shown. If a solicitor is struck off for dishonesty, it is unlikely that they will be allowed to be re-admitted to the Roll, even after a period of rehabilitation.
How do you prove negligence?
Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of “negligence” the careless person will be legally liable for any resulting harm.
Can you sue a solicitor for stress?
Most professional negligence claims will not meet the strict criteria to allow a claim for stress and inconvenience. However, if you have suffered loss as a result of your solicitor’s negligence Jordans may be able to help you.
Can solicitors be negligent?
After all, they are legal professionals and surely they would have complied with their duty of care, or at the very least they can defend their conduct against any charge? In reality, legal professionals such as a solicitors are sometimes found to have been negligent.
What is a negligent act?
Definition. A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).
What happens if a solicitor makes a mistake?
For a mistake by a solicitor to amount to a claim for negligence, it must have caused you loss. … Even if your solicitor has made a mistake and breached their duty to you, if that breach has not caused you any loss, the claim will fail.
Can a solicitor withhold information?
The general rule is that a solicitor must keep the affairs of their client confidential unless disclosure is required or permitted by law or the client consents. … However, simply because a person is a client does not mean that information gained by you that does not relate to a retainer is confidential.
What to do if your lawyer is not doing his job?
If your lawyer doesn’t seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer’s attention. Don’t threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.