Solicitors Negligence

Solicitors negligence occurs when a solicitor fails to exercise the reasonable skill and care expected of a competent legal professional. This includes missed limitation deadlines, incorrect legal advice, inadequate investigation, procedural failures, and breach of fiduciary duty that causes you financial loss or other harm.

Simply losing a case doesn't automatically mean your solicitor was negligent. You need to prove they breached their duty of care and that, but for their negligence, you would have won your original case (the 'case within a case'). This requires expert evidence showing the original claim had merit and was lost due to the solicitor's failings.

Generally, you have six years from the date of the negligent act or three years from when you discovered (or should have discovered) the problem. Time limits can be complex in solicitors negligence cases, particularly for ongoing matters. Contact us as soon as possible to protect your rights.

All solicitors are required to carry professional indemnity insurance. Claims are typically made against this insurance rather than the solicitor personally. If your solicitor has ceased trading, there may still be insurance coverage available for past work, or you may be able to claim through the Solicitors Regulation Authority compensation fund.

You can still pursue a negligence claim even if you owe your solicitor money. However, any compensation recovered may be offset against unpaid fees. If you receive a bill from a solicitor whose work you believe was negligent, seek advice before paying as payment may affect your rights to challenge the bill or pursue a negligence claim.