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Solicitors Negligence

Solicitors, negligence, and making a claim

We all hope that we can rely on the solicitor we chose to guide us through legal situations. But what if mistakes are made? When it comes to solicitors, negligence is – thankfully – relatively rare. It’s not impossible though.

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.

If you think you have suffered losses or damage because of actions your solicitor took (or failed to take), here is everything you need to know to start thinking about making a claim:

Solicitors, Negligence, And Duty Of Care

Solicitors are professionals. Under the law, this word has certain connotations. Chiefly, it means they have what is known as a “duty of care” to deliver their services to a certain standard.

If a solicitor fails to meet those standards (this is sometimes called “breaching their duty of care”) and their client suffers as a result, they may be guilty of what is called “professional negligence”.

This is a specific part of wider negligence law. There are many subsets of this kind of law. Medical negligence, for example.

In order for something your solicitor did or did not do to count as professional negligence, you need to be able to show that:

There was a duty of care – some types of professionals (financial advisors, personal trainers, chartered surveyors, and more) have an established duty of care. Solicitors do, so this is a given.
The duty of care must be breached – you must be able to show how your solicitor’s actions (or their lack of action when action was reasonably required) breached the duty of care you had a right to expect.
The breach caused losses or damage – crucially, you must be able to prove that the breach of duty of care caused you physical damage or (much more likely for solicitors) a financial loss.

Can I Sue My Solicitor For Negligence?

Yes. It is possible to sue solicitors you may have used for professional negligence. This is because solicitors are in one of those professions that is recognised as having a duty of care to its clients.

The deciding factor is whether your particular situation meets the other two criteria on the list above, namely:

Did your solicitor’s actions, advice, or lack of action or advice fall below the standards you might have reasonably expected?
If so, did that “breach” of their duty cause you to suffer losses or damage?

Examples Of Professional Negligence By Solicitors

These are some potential examples of professional negligence by solicitors:

Bad legal advice – if your solicitor advised you to do something (or not to do something) and it caused you a financial loss.
Failure to offer legal advice – a failure to act can be perceived as negligence just as easily as an act. For instance, if a solicitor failed to offer advice when you might have reasonably expected them to, it could be negligence if you suffered a loss as a result.
Not issuing a claim in time – if your solicitor did not issue a claim in time and you missed out on compensation as a result.
Not drafting a will correctly – if your solicitor drafted a will poorly and you missed out on inheritance intended for you as a result.
“Under settling” compensation claims – if your solicitor successfully helped you claim compensation for personal injury but then settled for less than you were due.

This list is by no means complete. If you think your solicitor has acted in a way that has caused you to suffer a loss, why not reach out to Solicitors Near Me to get matched with friendly legal advice for FREE and with no obligation to use a service?

It only takes a moment to complete a Free Online Enquiry for professional negligence?

Yes. A successful professional negligence claim – where you proved that your solicitor breached their duty of care and caused you a loss – can result in them paying you compensation.

The level of compensation you can receive isn’t set. Most likely, you can expect it to be around the amount of damage or losses you suffered as a result of their negligence.

Are There Any Other Options Besides A Professional Negligence Claim?

Your solicitor may also be in breach of contract if there is a written contract between you. This may be something written in the contract or something the law applies to all contracts of that type.

This sort of claim can be in addition to or instead of professional negligence and is often worth exploring with any legal expert you consult.

How Do I Start A Negligence Claim Against My Solicitor?

First things first. You’ll need to get specialist legal advice from a solicitor skilled in negligence law.

Why not let Solicitors Near Me find an expert near you? We do it for FREE and with zero commitment 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.

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.

How To Notify DVLA of Car Sale

How To Tell The DVLA You Sold Your Car If you are hoping to find out how to notify DVLA of care sale, then you are in the right place. The Driver and Vehicle Licensing Agency (DVLA) administers the records of all the drivers and vehicles in the UK. They need to know who owns which vehicle. This makes knowing how to tell the DVLA you’ve sold your car very important. In this article we see how to notify the DVLA you sold your car.

Because if you don’t notify the DVLA of a sale, you might be in trouble if the next owner ends up doing anything outside of the law. Because as far as the DVLA is concerned, it’s still your name on the record.

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’s everything you need to know about telling the Driver and Vehicle Licensing Agency about a car you’ve sold:

What If I Don’t Notify The DVLA I’ve Sold My Car?

It’s worth reinforcing how much of a bad idea not telling the DVLA that you have sold your car is. If you let the DVLA go on thinking that you own the car, you leave yourself open to being charged for all kinds of things the person who now owns the car might do. This might include:

Speeding fines
Parking tickets
Road tax lack of payment penalties

Of course, you can always get in touch with the DVLA after you receive a fine or notification like this. But there is normally a deadline for the payment of the fine and a turnaround time for the DVLA to sort it out.

How To Notify The DVLA You’ve Sold Your Car

To notify the DLVA of the sale of your care, there are a few options that are available to you:

1) Online

This is the fastest and easiest way to notify the DVLA that you have sold your car.

Simply use the online notification service and fill out all of the details:

Inform the DVLA who you sold your car to – this is normally a “motor trader” or a private individual. There are clear entry options in the online system.
Enter the buyer information– this will include their name and postcode, so make sure you know this.
Enter V5C details – and the car’s registration number into the system. If you’re not sure where to find either of these, you’ll receive suggestions.
Hand over or destroy the V5C – the DVLA system will tell you to hand over the vehicle registration documents (if you’re selling to a trader) or just the “new keeper supplement” (if you’re selling to a private individual). If you’re just the new keeper section, you’re usually told to destroy the rest of the book.
Wait for any road tax refund – that should be all you need to do to notify the DVLA of a sold car. Then it’s just a case of waiting for the cheque if you’ve ended up overpaying your road tax. The timeframe for this is a maximum of six weeks.

2) By post

Some people prefer to notify the DVLA of a transfer of ownership by post. It’s certainly possible to do this, but doing everything online is much quicker and simpler.

If you do want to go down this route, locate the relevant section in your V5C vehicle registration documents – “Selling or transferring your vehicle to a motor trader, insurer or dismantler” – and fill it in.

You then remove this section from the book and post it to:

DVLA
Swansea
SA99 1BA

What is the V5C vehicle registration document?

The V5C is the official designation of the vehicle registration document, sometimes called the “logbook”. This should have come with your vehicle when you purchased it. It is the document the DVLA uses to track vehicles in the UK and who owns them.

You can buy or sell a vehicle without a V5C. However, it’s rare to find someone who will buy a vehicle without seeing the logbook first. If it’s you that’s considering buying a vehicle without seeing the registration document, it’s probably worth thinking twice!

If you have sold a car without its registration documents though, you can still notify the DVLA of the sale. All you need to do is send them a few details:

The car’s registration number
Its make and model
The date you sold the vehicle
The name and address of the buyer
The name and address of you, the seller

You’ve Sold A Car, Notified The DVLA – Now What?

Congratulations! Another job done, you can check notify DVLA of sale off your to do list and not worry about it.

However, do be sure that you clear up any other subscriptions or payments you’re making on your vehicle.

This might mean checking that you’re not still paying your car insurance, for any vehicle trackers, and that your road tax repayment (if you’re due one) is in the post. After that and telling the DVLA you’ve sold your car, you’re ready to move on.

Need Help Finding A Solicitor For Something Related To Vehicle Ownership?

Let us help. Solicitors Near Me will connect you to a friendly and approachable legal expert with just the right specialist knowledge.

Get in touch today to talk through your specific situation with one of our helpful team.

Find A Specialist Solicitor Near 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.