Professional Negligence

Claims against Solicitors

Do I have a claim against my solicitor?

As solicitors ourselves we understand what is expected of us when giving legal advice and assistance. On occasions, people and businesses may be let down by their solicitors and, as a result, may be able to bring a claim against them for professional negligence. Our depth of expertise in a wide range of legal specialisms gives us an advantage when bringing negligence claims against other solicitors.

The areas of law that we most commonly take instructions on for negligence claims against solicitors are as follows:-

  • Buying, selling and remortgaging of residential and commercial property;
  • Buying and selling of businesses;
  • Drafting of wills and the administration of estates;
  • Not explaining the extra risks involved in buying leasehold property;
  • Lease extensions and leasehold enfranchisement;
  • Commercial leases and lease renewal;
  • Declarations of trust; and
  • Missed limitation date(s)

What is my claim worth?

If your solicitor has been negligent, we will be able to discuss with you what your likely loss has been.

We can help you recover financial compensation (damages) that will put you in the position you would have been in if your solicitor had not been negligent. Often the financial compensation will be substantial. Your losses would normally be covered by your solicitor’s professional indemnity insurance policy.

What is the procedure?

If we think that you have a claim against your solicitor, the first step is to write to the solicitor, setting out the legal basis for your claim and a summary of your loss. Claims in negligence against solicitor can be complex and we may need to get a professional expert opinion of your solicitor’s failings in order to set out your claim. The solicitor will either accept your claim or send a ‘letter of response’, indicating whether he intends to defend the claim and on what basis. We find that most claims settle before a claim is issued at Court and most cases do not reach Court. If a negotiated resolution is not possible, we can discuss issuing a claim with you.

How much will it cost?

We are experienced at effectively managing the costs of pursuing or defending a professional negligence claim and we are able to act on a variety of different funding arrangements in order to help you pursue or defend your claim in the most effective and efficient way. At the outset, we will discuss with you the available funding options to ensure you are provided with the most suitable arrangement for your circumstances.

What should I do next?

Bolt Burdon has a specialist team dedicated to resolving professional negligence claims and we regularly take instructions from clients with concerns about their solicitor’s actions. You may not even fully know at this stage the full consequences of their actions but we would be happy to discuss your case in more detail with you.

Our Professional Negligence Team

Natasha McKeever
I am a Partner and head of the Disputed Wills and Trusts Team. Read More
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