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 lawyers could have been professionally negligent.

Personal injury and medical 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.

Conveyancing/property transactions

• 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.

Family

• 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.

Employment

• 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.

Immigration advisers

• 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.