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Contact usClaims against solicitors
When you instruct a solicitor, you should always expect them to act in your best interests and provide you with the right advice to help you achieve your objectives. Unfortunately, mistakes can happen, which can be a stressful situation for an individual from both a financial and emotional perspective. In such situations, it is possible to bring a claim against the solicitor who has acted negligently. This is something our lawyers deal with on a regular basis.
Our professional negligence solicitors are specialists in helping individuals and businesses bring a claim for compensation against a solicitor who has failed in their duty and acted negligently. We understand the difficulty and distress claimants often encounter when trying to purse a claim against their professional advisor. Our lawyers have the expertise and experience to help guide you every step of the way and ensure your voice is heard to recover your losses and get you the compensation you are entitled too.
When can you bring a professional negligence claim against a solicitor?
An individual or business may decide to bring a professional negligence claim against their solicitor where they have failed to perform their legal duty in an efficient and competent manner leading to harm or a financial loss.
Here are some different examples of negligence which can lead to financial loss:
It is imperative for solicitors to be aware of any critical deadlines which could include issuing court proceedings, submitting applications or completing transactions. Missing a court deadline can effectively diminish the prospect of bringing a claim in the legal courts. In such situations, there may be an opportunity to bring a claim against the solicitor to claim compensation and recover damages for the losses.
Solicitors are under a duty to provide accurate and competent legal advice. Where the client is ill-advised and receives incorrect legal advice from their solicitor, the outcome can have negative consequences. An example of this can be in residential conveyancing transactions, where the solicitor might overlook a restrictive covenant on the property title which limits how the property can be used and prevent the enjoyment of the client’s new home. In such situations, there may be a valid claim for compensation to recoup the loss to the value of the property and the cost of pursing a claim to rectify the negligent action of the solicitor.
Solicitors have a legal duty to follow the instructions given to them by their client (subject to their overriding duty to the court). If the client’s instructions are not followed, it can lead to outcomes that are contrary to the client’s intended wishes and can lead to a claim being brought against the solicitor in question. An example of this could be where a solicitor has drafted a Will which does not meet the client’s wishes and leads to a family dispute after they have passed away. In this instance, the beneficiaries may decide to bring a claim against the solicitor for the loss of their inheritance.
Mistakes in drafting legal documents, such as Wills and contracts, can have detrimental impact on the client’s affairs and lead to serious unintended consequences.
Solicitors are always expected to carry out thorough due diligence for client transactions. Where crucial information is missed, it can lead to serious problems for the client, including financial loss.
Solicitors are expected to always act in their clients’ best interests and, therefore, expected to carry out conflict of interest checks before taking on new clients. Failing to do this can lead to the solicitor not acting in the client’s best interests despite having a legal duty to do so.
Solicitors are always under a duty to protect the client’s confidentiality, including anything relating to their business. A breach of confidentiality can result in a claim being brought against the solicitor for leaking sensitive information which has a detrimental impact for them and their business.
A failure to provide adequate representation during negotiations and later court proceedings can lead to negative outcomes for clients. Solicitors are generally expected to be good advocates on behalf of their clients.
If any of these situations apply to you, then it is important that you seek independent legal advice to find out what options are available to you. Our expert professional negligence solicitors can help assess your situation, explain the options available and advise you as to the compensation you might be entitled to claim. Taking early action can ensure you have the best chances of successfully bringing a claim and avoid being caught out by relevant time limits and preserving important evidence needed to pursue your claim.
Why use DMH Stallard’s professional negligence solicitors?
We understand that clients put their utmost trust into the advice given to them by their solicitor. When this trust is broken, our experts will help guide you every step of the way to ensure the solicitor in question is held to account and that you are compensated for your losses.
Our professional negligence lawyers have the specialist expertise to understand the law and tactical skills needed to help you win your negligence claim against the solicitor and their insurers. Clients come to us for our expert advice and our lawyer’s proven track record of successfully recovering large sums of compensation. Our partner-led service ensures you receive the best legal experts for your case to give you clear, expert advice and keep you updated throughout you claim. In some cases, we also offer Conditional Fee Agreements (no win, no fee) to give you the confidence to pursue your claim without further financial risk.
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Thank you for taking the time to complete this questionnaire. Its purpose is to gather preliminary information about your potential professional negligence claim ahead of an initial assessment by our litigation team and to enable us to undertake a conflict search. All information you provide will be treated as strictly confidential and subject to legal professional privilege. Please note that completing this form does not create a solicitor-client relationship, nor does it constitute formal legal advice. Once we have reviewed your responses, a member of our team will be in touch to discuss the next steps.