Professional negligence claims against solicitors and other legal professionals can feel like they are only ever destined to be a losing battle: on the one side you have a claimant who is without specialised knowledge of the law and its systems and on the other a legal professional who knows how to use the law to its best advantage.
However, it doesn't have to be that way, with the right legal representation to fight your corner you can do more than level the playing field: you can swing it in your favour, hold the negligent solicitor to account and secure the settlement you deserve.
Examples of legal negligence
Any solicitor who is found to have been negligent must be found to have fallen below the standard expected of a reasonably competent similar professional. Here are some typical examples of when this might be deemed to have happened:
- Failure to provide documents to a court on time
- Failure to act within limitation periods
- Negligently drafted will
- Misleading a client over realistic prospect of success
- Under-settling of a personal injury claim or other settlement
- Failure to properly draft a contract
However, it is not enough to simply have suffered negligence. In order to be eligible to claim compensation and make a professional negligence claim against a solicitor worthwhile, you will need to prove that you have suffered financial loss as a direct result of that negligence. There is a three-fold test: first, that there was a duty of care – second, that your solicitor breached that duty, and – finally, that you incurred financial loss as a result.
If the matter relates to negligence which has not caused financial loss, you should register your complaint with the Legal Ombudsman.
Seth Lovis & Co. professional negligence solicitors
London-based professional negligence lawyers Seth Lovis can help you proceed with clarity and confidence when making a professional negligence claim against a solicitor. Talk to us today about your rights, your choices, and your funding options.
We are a modern and dynamic law firm based in Central London and can help you assert your rights and your interests.
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