Contact us today if you feel you have been let down by your solicitor. We offer free initial advice on your claim and if you wish to proceed we offer a “No Win No Fee” service in a form of a Conditional Fee Agreement.
In order to win a negligence claim against a solicitor, the claimant will need to prove a number of things:
Duty of Care
Foremost among these is the notion of “duty of care”, meaning that it is necessary to prove that, under the terms of the solicitor-client relationship, the defendant solicitor owed a duty to the claimant. As this duty is fundamental to the solicitor-client contract in the vast majority of cases it is not difficult to prove.
Breach of Duty
The next step in building a persuasive negligence claim against a solicitor is in proving that the solicitor in question breached their duty of care.
This is a rather more complicated task and involves comparing and testing the actions of the solicitor against a number of important criteria – underpinning this assessment will be the overarching question of whether the defendant’s service and conduct met the standards of a reasonably competent solicitor.
Other questions to be considered will include whether the solicitor followed the client’s instructions and took reasonable care in carrying out these instructions. Before reaching any ruling a court will also need to look at whether the solicitor demonstrated basic competence and skill, offered advice on all appropriate matters, and whether he or she sought to protect the client’s interests.
Even in cases where breach of duty is proven, it is still incumbent on the claimant to prove that this breach has caused financial or monetary loss.
Once this loss has been proven, liability can be established and only the question of an appropriate sum of compensation will remain.
Healys’ Professional Negligence Solicitors
For specialist advice and representation in a professional negligence claim against a solicitor our Brighton and London teams can help. Contact us today by using our call-back form, email partner Robert Johnson or call directly on 020 7822 4106.