Unfortunately you will sometimes receive negligent or incorrect advice from your solicitor or legal advisor, or they can act in a way that means your case does not go according to plan. If as a result of this, you then suffer a financial loss, you may have a professional negligence claim against them.
The most common negligence claims arise during conveyancing cases, and through the drafting of wills. For example; you may have received advice that a neighbouring property to a house you purchased did not have a right of way over your land, only for it to come to light down the line that the neighbouring property does have right of way over your property.
Another example is where a solicitor has drafted a Will for your relative, but an error with that Will means that you end up not being able to inherit anything after they have passed away. Under these circumstances, you may not be able to challenge the Will, but you may have a claim for damages against the solicitor who prepared it.
Another common professional negligence claim against solicitors is when they fail to start your case in Court by the deadline relevant to your case. This is referred to as the limitation period. This period varies depending on the kind of case, but in some cases is very short, such as with claims under the Inheritance (Provision for Family and Dependants) Act 1975, where the limitation period is just 6 months from the date of the Grant of Probate. In personal injury cases, the limitation is 3 years, and in contract cases, the limitation is 6 years. If this date is missed, you can no longer take your case to Court, and therefore may lose out on recovering any damages.
In these situations there may be a professional negligence claim worth investigating.
If you have a grievance with your solicitor or feel you have been on the receiving end of negligent or incorrect advice contact our specialist team who can assess whether you have grounds for a professional negligence claim, and can discuss your funding options with you. Call us on 0845 144 1441 or complete our online enquiry form.
If you have a grievance against your solicitor, but have not suffered any financial loss as a result of their actions, then you should make a complaint to the Legal Ombudsman Service - Legal Ombudsman
