Choosing legal representation is no easy choice and when a solicitor makes a mistake that causes the client a loss, a negligence claim may be possible.
Although a full review of any case is required to assess a potential claim here are some examples of how other solicitors could have been professionally negligent.
Personal injury and clinical negligence / litigation claims
- Failure to start court proceedings within the deadline set by law
- Evidence or a claim being struck out following a failure to obey a court order or deadline
- Not advising a client on all the funding options so they miss out on a better funding option
- Failure to advise a client about litigation insurance to cover the opponent’s legal costs
- Suing the wrong Defendant
- Instructing an inappropriate expert whose report or evidence causes the case to be damaged or collapse
- Failure to approach a key witness
- Advising the client to accept a low offer where the evidence justified a much higher settlement figure
- Advising that a good offer should be rejected and later on getting less at trial or in further negotiations
- Following a barrister’s advice when they were clearly wrong.
- Failure to check plans so a buyer does not receive ownership of part of their property
- Failure to spot the property does not have planning permission or has harsh planning permission restrictions
- Proceeding with a purchase where there are no rights of way to access the property or part of it and failing to advise on restrictive access
- Not advising a buyer about restrictive clauses in business or residential leases which impact on the use or value of the property
- Failure to ask for building regulation certificates which would have identified defects in the property
- Failure to carry out appropriate searches or advise you upon the likely consequences of the search results.
Preparation of Wills
- Failure to prepare a Will within a reasonable time when the testator is seriously ill
- Preparing a Will which does not represent the testator’s wishes
- Failure to check the Will was executed correctly
- Failure to inform the testator of the circumstances where a Will becomes invalid or obsolete.
- Failure to undertake a proper investigation of the other party’s finances
- Advising a client to accept a settlement where all the evidence justified rejection of the offer
- Following a barrister’s advice when they were clearly wrong
- Undersettling financial matters on divorce
- Failure to adequately investigate or take into account pensions when settling financial matters
- Failing to apply for or obtain an injunction resulting in a client experiencing injury or distress
- Failure to take adequate legal steps to prevent removal of a child from the jurisdiction.
- Missing the deadline for submitting an unfair dismissal, discrimination or redundancy claim
- Undersettling a claim
- Failure to gather key evidence
- Not following a client’s instructions
- Not obeying directions so evidence is excluded.
- Failure to submit evidence or paperwork within deadlines so the application is denied
- Failure to gather key evidence
- Failure to understand or apply the relevant law.
If you think your legal representative has been professionally negligent do not hesitate to contact us , we can provide an initial free assessment and take you through the process, step by step. We advise on funding so clients can consider a variety of funding methods and where possible we offer a no win, no fee payment option.