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How Can a Solicitor Be Negligent?

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Solicitors are employed as qualified legal practitioners to provide legal advice, prepare important legal documents, and much more.

We rely on solicitors to provide expert legal assistance. If they fail in their duties and responsibilities towards their clients, there could be a case for suing a solicitor for professional negligence.

In this article, the legal team at Wilson Browne explains how a solicitor can be professionally negligent, and when you might be able to sue.

What Is Professional Negligence?

Professional negligence may have occurred when a professional you’ve employed or contracted fails to fulfil their duties or responsibilities. Professionals include anyone working in a professional capacity as a skilled or qualified expert, including solicitors.

It’s possible to sue solicitors for professional negligence if they have broken their duty of care, but in order to claim financial compensation, you must be able to prove that you’ve suffered personal damages or financial loss as a result of the negligence.

Professional negligence can be a complicated process to prove. There are time constraints, and it must be proven that you haven’t simply suffered from poor quality service. Because of this, it’s important to seek legal advice from professional negligence lawyers when suing solicitors for professional negligence.

How Can a Solicitor Be Professionally Negligent?

A solicitor may be deemed to have been professionally negligent when they breach a contract or fail in their duty of care. In real-world examples, there are a variety of different scenarios when a solicitor could have been negligent, including:

  • A solicitor fails to abide by the terms of their professional contract, as agreed between themselves and their client.
  • They provide incorrect legal advice, which leads to a financial loss on the part of the client.
  • A solicitor has missed a limitation date, leading to a case being thrown out.
  • A solicitor has missed a court deadline or failed to appear in court on your behalf when requested.
  • A solicitor has failed to comply with any court orders.
  • They have failed to investigate important evidence, or have missed evidence in relation to a case.
  • A solicitor has withheld information or appropriate legal advice.
  • A solicitor has been untruthful.

As mentioned earlier, there’s a difference between negligence and poor service. As skilled, qualified professionals, we expect solicitors to fulfil their duties to a high standard; if you suffer financial loss because they have failed in this capacity, you could still have grounds to sue solicitors for professional negligence.

For example, a solicitor could prepare a will incorrectly, making a mistake that leads to you suffering a financial loss. While the mistake may have been genuine, you may have suffered severely because of it and could therefore be entitled to claim compensation.

Contact Wilson Browne for More Information on Suing Solicitors for Professional Negligence

Suing solicitors for professional negligence can be a complicated process, so it’s important to seek professional assistance from skilled lawyers.

With decades of legal experience, Wilson Browne’s legal team can provide the advice you need to pursue a professional negligence claim.

Contact our friendly team of lawyers today to find out more about pursuing professional negligence claims.

 

 

 

 

Updated November 2021

Kevin Rogers

Posted:

Kevin Rogers

Partner

Kevin is a Partner in our Commercial Litigation Team, Chair of our Board of Management and leads our Commercial Business Unit, with responsibility for the overall supervision of the Commercial Teams’ work. Having qualified as a Solicitor in 2001, he advises on complex commercial disputes…