Solicitors are not immune from making mistakes and sometime these can be costly. In most cases you will be happy with the service you receive but in some instances mistakes can be made that leave you out of pocket and wanting answers. Contact our professional negligence claims against solicitors team today.
We have been working with people like you for over 30 years and we understand that sometimes an apology is not enough. At Healys we are here to help you recover any losses (financial or otherwise) you have suffered and get the answers you deserve.
I would like to thank my solicitor
Jerome O’Sullivan, acting on behalf of Healys LLP, and my counsel David Halpern QC for their astuteness, efforts and hard work in helping Dreamvar to win this case.”.
E Vardar
Our team has a wealth of experience in professional negligence claims against solicitors and we have developed relations with leading chambers in the industry. We are recognised in the Claims Against Solicitors field by a leading industry directory, the Legal 500. We are also members of the Professional Negligence Lawyers Association.
Professional Negligence Claims Against Solicitors, What can I claim for?
Most claims against solicitors can be complex and that’s why it’s important to have a team that is industry recognised and that you can trust. There are number issues you can claim for but these are the most common.
- When your solicitor has missed the limitation date
- When your solicitor has caused your claim to be struck out by the court
- When your solicitor has sued the wrong party
- When your solicitor has under settled a personal injury claim
- When your solicitor has failed to identify a defect in the title of your property
- When your solicitor has made an error when drafting a lease
- When your solicitor has failed to administer a deceased’s estate correctly
- When your solicitor has failed to serve a notice on your behalf by given deadline
- When your solicitor has failed to advise you about planning permission and building regulations
- When your solicitor has failed to draft a will properly
Professional Negligence Claims Against Solicitors, What you need for a successful claim?
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. That is wide enough to cover the mistake made.
Breach of Duty
The next step in building a persuasive negligence claim against a solicitor is in proving that the solicitor in question breached the duty of care.
This 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.
After being left out of pocket by a negligent local solicitor, I instructed Robert Johnson to act on my behalf to try and retrieve the monies that were owed to me. Robert and his team not only kept me informed and up to date throughout the whole time but was successful in retrieving nearly the whole amount in an out of court settlement. I cannot thank Robert Johnson enough and would recommend Robert and Healys Solicitors.
Richard Watts
Other questions to be considered will include whether the solicitor followed the client’s instructions and took reasonable care in carrying out those 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.
Loss
Even in cases where breach of duty and causation are proven, it is still incumbent on the claimant to show that the losses are not too remote from the cause of them. In short, they must be reasonably foreseeable.
Once this loss has been proven, liability can be established and only the question of an appropriate sum of compensation will remain.
Causation
The loss suffered must have been cause by the breach of duty. This is often the most difficult aspect to prove as not everything a breach is caused by that breach.
Hence, depending on the circumstance in relation to the purchase of property that (properly advised) would not have been purchased, you may/may not recover the loss in value caused by the fall in the general property market.
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