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Suing A Solicitor For Negligence

Suing a solicitor for negligence in the UK – what you need to know

Like many professionals, solicitors owe you a duty of care. If they fail in that duty, it is possible to sue them for the losses they have caused you. But how does suing a solicitor for negligence work in the UK?

Is there a timeframe? What are your odds of success? How do you prove that the fault was theirs? How do you even start?

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is what you need to understand about professional negligence claims and how to begin yours:

On What Grounds Can You Sue A Solicitor?

Poor-quality service isn’t serious enough grounds on which to sue your solicitor for professional negligence. Frustrating as it might be, just because they failed to keep in touch with you or didn’t mention a certain fee when you instructed them doesn’t mean they are negligent.

To consider suing a solicitor for actual negligence, you need to be able to prove that you suffered a loss because of their actions or lack of action. This latter was confirmed in a 2015 court case – in negligence cases, failing to act is often perceived as just as bad as acting poorly.

Some of the most common examples of professional negligence on the part of solicitors include things like:

Offering you bad or incorrect legal advice
Drafting a legal document (such as a will or contract) improperly
Failing to secure the correct damages for you from a successful case
Not acting within legal deadlines so you lose your chance to claim or act
Not carrying out sufficient property searches during a house purchase

How Do You Prove A Solicitor Is Negligent?

Professional negligence cases of all kinds need to hit three separate legal targets in order to be successful:

Duty of care – this must be owed by the professional in question. Solicitors do owe this.
Breach of duty – your solicitor must have breached this duty of care.
Caused a loss – the way they breached their duty of care must have caused you some kind of loss.

How Much Can I Sue My Solicitor For?

The amount you can try to claim from a solicitor that may have been professionally negligent will usually be tied to the losses their breach of duty of care has caused.

For instance, if they badly drafted a will that meant you lost thousands of pounds of inheritance, you might sue them for those thousands of pounds plus any other associated costs.

Or perhaps you bought a house and later found out that your solicitor failed to complete a search on the property that has led you to need to pay for building work to repair the problem. Maybe you also ended up paying a higher asking price than you would have done if you’d known.

In short, there isn’t really a fixed amount or limit on how much you can sue your solicitor for. However, any amount you get is likely to be tied to the amount of damage they caused.

How Long Do You Have To Sue A Solicitor For Negligence?

All professional negligence claims are time-limited to whichever is the later of:

Six years after the date the act of negligence allegedly took place
Three years after the date you found out about the negligence (with a possible “long stop” of 15 years after the date of the negligence)

How To Sue A Solicitor For Professional Negligence

The process for suing a solicitor for professional negligence normally works something like this:

Get expert legal advice – this will help you know whether this complaint might or might not be worth pursuing and where you might start.
Request a quote on solicitor’s fees – be clear about the way your new solicitor is charging you for their work. Some professional negligence solicitors work on a “no win no fee” basis.
Others charge differently.
Legal letter of claim – once you have instructed a solicitor, their early steps will likely be to collect evidence and then notify the negligent solicitor of your intentions and the strength of the case against them.
Aim to settle out of court – going to court is the most expensive part of any legal process. Most solicitors will want to avoid it. A strong legal case can mean that your previous negligent solicitor will settle out of court.
Go to court if necessary – if your possibly negligent previous solicitor believes they have a strong defence, they may resist your claim meaning you have to go to court.

Suing A Solicitor For Negligence In The UK – How To Get Started

The first thing to do is to find a professional negligence solicitor to represent you. This doesn’t have to be difficult, but it’s important to work with experts you trust.

Solicitors Near Me can find you the best choices for your specific needs for FREE and with no obligation to use them.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Nearest Solicitors To Me

How do you find the nearest solicitors to me? With so many solicitors in England and Wales alone (around 10,500), how do you find the closest and best solicitor near me for your legal needs?

As Solicitors Near Me is all about connecting you with the best solicitors close to you, we thought we should help you to answer this question, so let’s do just that.

Which Type Of Solicitor Are You Looking For?

First, you need to decide which type of solicitor you are looking for?

Here is a summary of the most common types of solicitor and what they can help you with:

Moving home? You will need a conveyancing solicitor
Trouble at work? You should go searching for an employment law solicitor
Starting a business? A commercial or business law solicitor.
Divorcing? A family law or divorce solicitor.
Injured in an accident at work or on the road? In this case, you will need a personal injury solicitor.
Suffered at the hands of the NHS? You will need a medical negligence (also known as clinical negligence) solicitor.
Looking to make a Will? Find a wills solicitor near to where you live or work?
Need help with probate? Search for a probate solicitor.
Trying to evict a tenant from your property? You need a landlord and tenant solicitor.
Been caught drink or drug driving? It is a criminal law or motoring lawyers that you need.
Trying to get a visa to work in the UK? It is an immigration law solicitor that you are looking for.
Solicitor let you down? Find a good professional negligence solicitor.

Once You Know Which Solicitor You Need…

As soon as you know the type of solicitor that you are looking for, it is time for step 2 in your search for the nearest solicitor to me.

Type in the name of the type of solicitor followed by your town, village or city name.

For example, if you are moving home and you live in Brighton, you will type in:

“Conveyancing Solicitor Brighton”.

If you are looking for help following being charged with drink driving and you live in Newbury, you will search for:

“Drink driving solicitor Brighton”.

This will present you with a range of solicitors to choose from, but bear in mind that often these solicitors are paying to be at the top of Google, so how can you work out who are the best solicitors for your needs?

You need to do some filtering of your search results.

Let’s look at how you can do this.

Finding The Best Solicitors Near To Me

I have used the search term above “Drink driving solicitor Brighton” to produce these results below.

Nearest Solicitors To Me

You want to scroll past the first few listings until you get to the part where you can see the term “Business”, circled in the image above, and solicitors business names alongside some ratings for their services.

These reviews are left by people who have already used the law firm and given them a review for their service through Google’s review collection system.

What you are looking for is a law firm with at least 10 reviews, to show that they have been providing services for some time already, and with an overall review score above 4 (as each review is scored out of 5).

Obviously, the closer to 5, the better the reviews are which should mean that the service provided is going to be better for you.

However, don’t just stop there, the next part is important too.

Finally Choosing Your Solicitor

You should now shortlist 3 good solicitors from the reviews that you have seen, then click through to their website for the final check.

What you are looking for is the following:

There is more than one page for the service that you are looking for help with. In our example above of Drink Driving Solicitors, you are looking to see more than one page about motoring offences. You should see pages about drink driving, drug driving, totting up offences and speeding. The more pages they have suggests that they specialise in this area of law. If they only have one page, does this really show expertise? You want the best solicitor for your needs, so this is another way of ensuring that you find just that.
Reviews from their clients on the page. Whilst some people will leave reviews on Google, you should also find more reviews from people who have used the services of the law firm that you are looking for. Seeing more reviews will give you more confidence that you have found a specialist solicitor.
Finally, when you are happy with what you have found above, call the law firm. They should answer the phone within 6 rings and be able to connect you with someone to help you straight away, or at least offer you a call back within a short period of time.

As you can see, there is quite a bit of work to do to find a good solicitor near to where you live or work, but there is a shortcut to do this.

Use us! We have already done this filtering for you to find the best solicitors across the UK, so let us connect you with a solicitor now.

Simply call us on 0845 1391399 or complete a Free Online Enquiry ».

How To Put Pressure On Solicitors

Having Difficulties With Your Solicitor: How To Put Pressure On Solicitors?

If you are dealing with a legal case, you are likely to want it completed as soon as possible. Sometimes, this means encouraging your legal team to deal with matters proactively. In this article we take a look at how to put pressure on solicitors so that your legal matter can progress as quickly as possible.

At Solicitors Near Me, we connect you with hand-picked solicitors who have expertise in a range of sectors, including conveyancing, property law, family law, business law and probate.

We only work with solicitors we know to have a high level of experience and who offer outstanding services as quickly as possible. This includes working hard to move matters forward, rather than waiting to be chased.

If you need legal help and time is of the essence, we will be happy to find you the right solicitor for your needs.

To connect to an expert local lawyer, please call us on 0845 1391399 or complete a Free Online Enquiry.

Otherwise, read on to discover how to put pressure on your current solicitors (and just remember we are here the next time that you need a solicitor)….

Asking Your Solicitor To Speed Up The Process

The first step is to have an honest conversation with your solicitor and find out exactly what the hold up is. Make sure they fully explain the process to you and that you understand why your legal matter is going more slowly than you would like.

Legal matters can be complicated at times, with many different parties involved and paperwork needed from different sources. It may well not be the fault of your solicitor, but they should make sure they keep you updated so that you know what is happening and why there is a delay.

They should also keep the pressure on other parties as far as possible to ensure that everyone is working hard to move matters along.

We take a look at conveyancing and family law, two areas where clients are always keen to finalise issues, and examine what might be causing a delay and what can be done about it.

Delays In Conveyancing Transactions

If you are buying a property, your solicitor will need to carry out extensive due diligence work to check that the legal title is sound and that there have not been any breaches of the restrictive covenants contained in the title deeds.

They will need to carry out searches and if the results reveal anything of concern, they may need to make further enquiries and ask questions of the seller’s solicitor. They will also need to have copies of planning consents and building regulations approvals for any work that has been carried out to the property.

Delays can occur when local authorities or other search agencies have a backlog and are not able to supply results promptly. It may also be the case that your seller’s solicitor is slow to respond to requests for information.

If you are in a chain, you will not be able to exchange contracts until everyone in the chain is ready. If anyone is experiencing a delay, for example, they have not received a mortgage offer or an issue has been revealed in their survey, then the whole chain will have to wait until they are ready.

Both your solicitor and the estate agent can keep the pressure on your buyer’s solicitor. Your solicitor will also be able to chase search results, although these are generally dealt with on a first-come, first-served basis.

You can help avoid delays by instructing a solicitor early on and providing the information they need promptly. This could include identity documentation, money on account of searches and initial forms.

By instructing an experienced conveyancing solicitor, you stand the best possible chance of completing without delay. If a legal issue arises, they will have the understanding to deal with it. The chances are they will have come across a similar problem before and they will have the expertise and legal know-how to resolve it promptly and effectively.

You are also advised to choose a solicitor with a good reputation for client service. They are likely to stay in close contact with you and keep you updated as to progress. They will also make sure they are available to speak to you to discuss any concerns and answer your questions.

Delays In Family Law Proceedings

If you are going through a divorce, you will need to finalise financial issues as well as put new arrangements for your children in place, if you have any.

The financial process can be lengthy. You will need to start by making a full disclosure of all of your assets together with evidence in support. Your solicitor will then enter into negotiations on your behalf with your spouse’s solicitor to try and reach an agreement.

If you are not able to do this, then you will usually be referred to mediation. A mediator will explain the services they offer to you both and you will be able to decide whether you wish to try this route to attempt to reach a settlement.

You will generally go through a similar process in respect of arrangements for your children. If an agreement cannot be reached, then you may be considering going to court.

Extensive backlogs in family courts mean that cases are taking around a year on average to reach a final hearing.

The best way to avoid this is to try to resolve matters without recourse to the courts. There are several methods of alternative dispute resolution which can be both quicker and more cost-effective.

Collaborative law is a round-table discussion between you, your solicitor, your spouse and their solicitor with the aim of reaching a negotiated settlement. It can be a much faster way to finalise matters, often taking around three to four months rather than a year. You can also schedule the hearings for times to suit you and you do not run the risk of it being called off at the last moment, which can happen with court.

Arbitration is similar to court but paid for privately. A senior family lawyer will hear your case and make a binding decision. Again, you can decide when you want to have a hearing.

Mediation is another effective way of dealing with matters. You will be helped to consider all of the options open to you and to work with your spouse to try and find an agreeable solution. The outcome will be one that is acceptable to you both, rather than an outcome imposed on you whether you like it or not, as is the case with court. It can also help you work with your spouse and prevent your relationship from degenerating further, which is particularly advantageous if you have children.

In most financial and children’s arrangements proceedings, you are required to at least consider mediation before you ask the court to intervene.

Contact Local Solicitors

Our expert local lawyers work promptly and proactively to avoid delays wherever possible.

To be connected to a specialist solicitor, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Independent Legal Advice Near Me

If you’re looking for independent legal advice near you, then you’re in the right place.

Simply put, Independent Legal Advice (ILA) means impartial advice that’s provided by a qualified solicitor to you without ANY conflict of interest.

There are plenty of reasons why you might need ILA and finding an expert who can act in your best interest is vital.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Independent Legal Advice Solicitor Near Me

If you’re looking for an ILA solicitor, it’s most likely because you need to obtain independent legal advice as part of a transaction.

Some specific examples include:

Personal Guarantees – This could be for a loan, extending a commercial overdraft, guaranteeing the mortgage of a loved one, or purchasing a property through a company
Providing Security – When you own property or land and a tenant is offering this as security to a lender
Face to Face Advice – Solicitors who are acting on your behalf for a property purchase that requires a mortgage may be too far away to offer face to face advice, which will mean you need to find someone local to you to meet in person
Occupier’s Consent Forms – This is where you occupy a property but are not a party to the mortgage documents

There are other examples, but the point is that these are transactions that involve significant sums of money, which is why it makes sense to have independent legal advice to ensure that everything is A-Okay.

Why Might I Need Independent Legal Advice?

Think of it as a second opinion.

When something’s really important or will have a significant impact if something goes wrong, it’s well worth getting the opinion of an independent expert.

If you’ve ever taken the time to read through an extensive legal document, you probably know what I mean.

The powers in a commercial agreement, mortgage contract, or the terms in a loan are convoluted and if you don’t fully understand the consequences, it can leave you in a vulnerable position.
There’s a reason why lenders require you to seek ILA before taking on a loan, mortgage, or commercial agreement…

Because things can be confusing, and given the sums of money involved, it’s essential that you have a full understanding of the obligations, risks, and terms involved.

It might even be that there’s something in there that you’re not quite sure about, and there might be a better deal available with another lender, or you might even rethink the whole thing after taking independent legal advice from a solicitor.

How Do I Find An Independent Legal Advice Solicitor?

Quite simply, we’ll help you with that bit!

We’ll connect you with Independent Legal Advice Solicitors Near You for FREE…

We won’t charge you a penny to connect with expert ILA solicitors near you, and you’re under NO obligation to proceed with them either.

Once you’ve found a solicitor who’s not acting on your behalf and you’re happy with them, you can book an appointment.

After that, they’ll ask for all the relevant paperwork before you meet, where you’ll review the transaction documents. This is your chance to ask any questions and ensure you fully understand the terms, conditions, and ramifications associated with the agreement/documents.

Once you’re happy with everything, the ILA solicitor will witness your signature (as long as you’re happy to sign the documentation at this point) and they’ll complete their legal documents.

You’ll be sent a summary letter following the meeting, and they can send over all of the completed paperwork to the lender or solicitor who’s handling the transaction for you.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Statutory Declaration Solicitor Near Me

Finding a Statutory Declaration Solicitor Near you can be difficult – and it can be hard to know where to start.

A statutory declaration is a formal statement to confirm that something is true to the best of the knowledge of the person making the declaration.

It MUST be signed in the presence of a solicitor or notary public, and it’s used to meet a legal requirement where no other evidence is available.

To be connected to a specialist statutory declaration solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Why Might I Need A Statutory Declaration Solicitor?

A statutory declaration might be needed for a variety of reasons, and crucially it needs to be completely truthful and accurate, which is why a solicitor (or notary public) is required to ensure it’s valid by being impartial when you sign it.

A statutory declaration may be used in situations such as:

A declaration of nationality, identity, or marital status in the absence of documentation
Authenticating a statement by company directors declaring solvency in voluntary liquidation
When people wish to change their name so they can use it on official documentation such as a driving licence, passport, and birth certificate of a child
Confirming the status of goods for exporting or importing
Declarations in relation to a patent application

Statutory declarations are governed by the Statutory Declarations Act 1835, but they differ from other legal documents that affirm statements or declarations, such as affidavits.

Statutory declarations may occasionally be referred to as affidavits, but the difference is that an affidavit is a written and sworn statement of facts, while statutory declarations are NOT sworn under oath.

It was initially introduced due to people objecting to taking oaths because of religious reasons, which means that statutory declarations can be made without having to swear under oath.

Plus, affidavits tend to be used in a court setting more often than statutory declarations.

How Do I Ensure A Statutory Declaration Is Conducted Correctly?

The information in a statutory declaration MUST be truthful and accurate – that’s the most important stipulation.

But it needs to be signed by an appropriate person, such as a solicitor, and it’s worth noting that they are not required to verify the accuracy or truth of the declaration…

Their role is to certify that it has been completed of their own free will and to explain clearly that they must tell the truth in the declaration.

However, if you’re found to have made a statement that you knew to be false at the time of writing, you could be subject to the Perjury Act 1911, which carries a maximum penalty of 2 years in prison.

The impartiality of the solicitor you use is also crucial to the validity of the statutory declaration.

This means you can’t use a solicitor that’s acting for you in any other legal matter relating to the declaration, and they can have no involvement in the statutory declaration until they witness it (i.e. they can’t draft or create the document).

The witness also can’t be related to or known by you – to avoid a potential lack of impartiality.

Finding A Solicitor To Sign A Statutory Declaration Near Me Now

Solicitors Near Me are her to connect you with a statutory declaration solicitor near you for FREE.

You’re under no obligation to proceed with the solicitor we connect you with, and the service is completely free…

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.