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Making a Claim Against a Solicitor

From drafting a contract or handling your property conveyancing to representing you in court, you rely on your Solicitor to do their job properly. If your Solicitor makes a mistake or does not do what is expected of them, this can have a serious impact on you, your family or your business.

Depending on the situation, if your Solicitor has made an error or failed in their duty to you then you may have grounds to sue your Solicitor for professional negligence.

Impact of Solicitor negligence

Poor performance or mistakes by your Solicitor can cause you major problems, as the example scenarios below demonstrate, but you may be able to recover your losses incurred as a result in a professional negligence claim:

If your Solicitor has failed to follow your instructions when drafting a contract for you or to properly advise you on a contract that you have entered into then you may have a claim for professional negligence. Much will depend on whether the errors have resulted in you or your business suffering financial loss.

At Thorntons, we will be able to provide advice as to whether or not your Solicitor has been negligent and assess what your claim may be worth.

A court decree can be very damaging to your credit rating and to your standing in the community. If you had instructed your solicitor to attend at a hearing and they did not do so, decree may be passed against you in your absence.

If your personal or business reputation has been damaged because a decree was wrongly passed against you due to your Solicitor’s negligence then we can help you take the steps needed to have the decree recalled or mitigate the damage as quickly as possible.

If you have suffered loss as a result of the court decree you may have a claim for professional negligence against your solicitor.

If your Solicitor has missed a critical date on your claim then this is a basic mistake on their part. As such, it is likely to be viewed as a breach of duty of care and your Solicitor to be guilty of professional negligence.

In a situation like this, you may be able to sue your Solicitor for negligence if you have suffered losses as a result.

If your Solicitor has failed to properly prepare your court case in line with your instructions then you may have a claim against them for professional negligence if they have failed to act to the standard expected of a competent solicitor. Your losses may be significant and our team can help to assess the recoverable losses.

If the Solicitor has been slow to respond to your queries or has given you spurious reasons for the delay then we can assist you. If there is no good reason for the delay then the Solicitor may be guilty of professional negligence and liable to you for damages for any losses you have suffered.

Conveyancing problems

There can be particular problems when your Solicitor fails to deal with your property conveyancing correctly, as these examples show:

When a Solicitor fails to follow your instructions and you miss out on an opportunity as a result then you may have a substantial claim for damages against your solicitor.

If it was a commercial property for new business venture and your solicitor was fully aware of your intentions then you may be able to claim for all your losses including your loss of opportunity to develop your business.

It is a basic requirement that when your Solicitor acts on your behalf and checks the title to your property that access to the property is identified before you buy the place. If the Solicitor has failed to ensure that you have access to your new property then they may have been professionally negligent and you should be able to recover the costs of putting the matter right, and any other losses you have incurred.

When you are buying property your Solicitor should examine the title deeds and advise you of any onerous burdens affecting the property. If it transpires that you have not bought what you thought you were buying, or are unable to do what you wished with the property, you may have a right of redress against your Solicitor.

How can Thorntons help?

At Thorntons our experienced Professional Negligence and Conveyancing Solicitors will be able to provide an initial opinion on whether or not your Solicitor has breached their duty of care to you. If so, our experts can discuss with you possible courses of action, including court or alternative resolution approaches.

Solicitor actions are covered largely by their professional indemnity insurance and we have experience in dealing with large insurers in negotiating, litigating and settling claims.

We would not hesitate to raise court proceedings if necessary. However, if we can get an early admission of liability then we can focus on ascertaining what your loss is and negotiate a settlement with the Solicitor’s firm of insurers for you.

Call us on 03330 430 350 or complete our enquiry form and we will contact you. We will discuss your situation with you, answer any questions you have and advise you if you have grounds for a compensation claim. If you then want to go ahead, we will start the claims process for you straight away. Our discussion will be confidential and you are under no obligation to make a claim.