A Guide To Professional Negligence Claims Against Solicitors

Professional negligence occurs when a qualified professional, such as a solicitor, fails to perform their duties with the reasonable care and skill expected of someone in their profession.

As your document explains, “It’s possible to sue solicitors for professional negligence if they have broken their duty of care” and you can prove financial loss or damage as a result.

This guide outlines what professional negligence is, how solicitors may act negligently, what you must prove, and how claims typically proceed.

What Is Professional Negligence?

Professional negligence arises when a professional fails to fulfil their responsibilities, causing financial loss or damage. As the document states, “Professional negligence may have occurred when a professional you’ve employed or contracted fails to fulfil their duties or responsibilities.”

To succeed in a claim, you must show:

• The solicitor owed you a duty of care
• They breached that duty
• The breach caused your loss
• You suffered financial damage as a direct result

Professional negligence is more than poor service, it requires a failure to meet the standard of a reasonably competent solicitor.

How Solicitors Can Be Negligent

Your document provides several real‑world examples of solicitor negligence, including:

• Failing to abide by the terms of their professional contract
• Providing incorrect legal advice leading to financial loss
• Missing limitation dates or court deadlines
• Failing to appear in court
• Not complying with court orders
• Failing to investigate or identify important evidence
• Withholding information or advice
• Being untruthful

These examples come directly from the text: “A solicitor has missed a limitation date… A solicitor has failed to comply with any court orders… A solicitor has been untruthful.”

What Counts as Negligence (vs Poor Service)?

Negligence requires a breach of duty, not just dissatisfaction. The document notes: “There’s an important distinction between professional negligence and simply receiving poor service… the service provided should not fall below the average standard in the legal profession.”

You must also show monetary loss.

Time Limits for Suing a Solicitor

The document outlines three limitation periods:

• Primary period: 6 years from the negligent act
• Secondary period: 3 years from the date you became aware of the negligence
• Longstop period: 15 years from the negligent act

“Any claim for professional negligence must be made within the ‘longstop’ time limit of 15 years.”

Proving Professional Negligence

To prove negligence, you will need:

• Evidence you hired the solicitor (contracts, engagement letters)
• Documentation showing what they did or failed to do
• Evidence of breach (missed deadlines, incorrect advice, failure to follow instructions)
• Proof of financial loss directly caused by the breach

The document explains: “A legal team would need access to as much documentation and written records as possible… You’ll need to prove that you employed the solicitor in a professional capacity… and that the actions of the solicitor led to them breaching their duty of care.”

How Long a Claim Takes

Professional negligence claims can take time. “It could take up to 12 months before your case first appears in court… the exact length of time depends on complexity, lawyer availability, and court capacity.”

Many cases settle before trial.

Where Claims Are Heard

Claims are usually brought in the Civil Courts, depending on the case type and location. “We can advise you on the appropriate court depending on the type of case and the location.”

1. Law firms must have professional indemnity insurance, meaning compensation can still be paid even if the firm cannot.

Frequently Asked Questions (FAQs)