Claim for negligent solicitors. If your solicitor has acted in a way that you consider to be negligent, such as they have made an error or mistake that has, or will, cause you financial loss, you may be able to bring a claim for professional negligence.
Before considering bringing a claim, there are some steps we would recommend you take before instructing a solicitor as set out below (please be mindful that generally you only have 6 years to bring a claim for negligence from the date the negligent act occurred).
Raise the issue with your solicitor in writing
We would recommend you first raise your issues with the file handler and ask for their written response to your concerns, asking them to detail their reasons for the actions taken, and where and how they intend to rectify any problems caused.
Make a formal complaint
Should you not be able to resolve matters through the file handler, every firm of solicitors has a person who is designated to assess complaints made by clients regarding their solicitor’s conduct. They will consider your complaint and the actions taken by the file handler and make an assessment as to whether they think the solicitor should have acted differently.
If they conclude that the solicitor has acted below the professional standard and that this has caused you a loss, they may look to offer recompense such as a writing off any further costs to be billed or give you a refund of fees paid to them so far.
However, this may not adequately compensate you for the loss that has been caused. You should be mindful of accepting any offer of compensation. If an offer is accepted in full and final settlement of the matter, then you may not be able to bring a professional negligence claim.
If an offer is made we would recommend that you seek legal advice before accepting the same.
Ask for your file from your solicitors
If you have not received a reasonable response to your complaint, or the response received does not rectify the problem or adequately compensate you for any loss caused, we would recommend you request your full file of papers from your solicitors.
If there are no fees outstanding, your solicitor must provide you with your file upon request.
This is recommended because your file of papers will be required in order to assess whether your solicitor has acted negligently and advise you on your position in pursuing a negligence claim.
Claim for Negligent Solicitors
We are specialists in bringing professional negligence claims and we are able to review your previous solicitor’s file to establish whether the actions your solicitor has (or hasn’t) taken and advice given would satisfy the requirements to have an actionable claim, and if so, what the prospects of success may be.
For a fixed fee we can obtain your file (if you have not already done so), carry out a review, and provide you with advice on the merits of your claim (strengths and weaknesses), setting out the next steps that need to be taken in order to progress your claim and recover the losses that have arisen due to the negligence.
3rd May 2022
Jess Leadbetter, Solicitor