In order to bring a claim against a solicitor or any professional person or practice, you must establish that they have been negligent. A distinction has to be drawn between negligence and professional misconduct, such as inadequate professional service. If there has been inordinate delay, it may be possible for the client to claim compensation against the solicitor through the Legal Complaints Service, which can make awards up to £15,000.
There will be many cases where professional persons or practices may be liable for inadequate professional service but not negligence.
There are a number of essential elements in bringing a claim for professional negligence and it is necessary to prove that the solicitor owes you a duty of care. In most cases involving a client, rather than a third party, this should not be a substantive issue. However, issues could arise as to the extent of the solicitors’ duty and whether there has been a breach.
A critical part of any claim is that it is essential to prove causation. In other words, the loss suffered was caused by the actions of the solicitor professional person or practice. In many cases inadequate services , unless it can be establish that he has suffered loss as a result of the negligence, the claim will fail.
As with any claim, the innocent party is under a duty to mitigate his loss and must take whatever steps are necessary to reduce or mitigate his loss.
If you believe that you have a claim in negligent, then please contact us for advice.