Professional Negligence

Because of our depth of knowledge of personal injury work we can and do bring professional negligence cases against other solicitors. We also handle cases of professional negligence relating to medical or clinical negligence.

When we enlist the help of professionals, we are right to think we will recieve a certain standard of service, especially where the professional is entrusted to deal with a specialist matter which as clients, we often have to accept their word about. Where professional negligence causes financial loss, we can help you claim compensation.

People can understandably be reluctant to make a claim against their own professional adviser. When we seek the help of a solicitor we automatically expect a professional standard of service. We expect that we will receive expert advice and that our case will be handled correctly. If this does not happen, it can be difficult to know how to proceed.

If you think that your solicitor has provided you with a substandard service, for example, overcharged you, or has been guilty of professional misconduct, which might be keeping money that belongs to you, then the first thing that you should do is write a letter to your solicitor, giving the details of your complaint and asking them to rectify the situation. You should allow them 28 days to respond.

If they do not reply to you within this time, or their reply is unsatisfactory,you should then take the matter to the Legal Complaints Service (LCS), which is part of the Law Society. You must do this within 6 months 6 months of the completion of the solicitor's work, within 6 months of the date you received the response from your solicitor, or within 6 months of finding out that there was a problem.

If the LCs upholds your complaint, they have the power to award you compensation of up to £15,000 for any expense, distress or inconvenience that you may have suffered. If you are unhappy with the decision of the LCS you can ask the Legal Services Ombudsman to consider your case. You have three months from the time of the LCS review in which to do this. If your case is one of professional misconduct, then it will be considered by the Solicitors Regulation Authority (SRA) which has a compensation fund from which grants can be made of up to £1 million.

Claims for professional negligence must be dealt with through the courts just like any other legal case. The difference is that you will be taking action against your original solicitor, who will become the defendant in the case. Your soicitor may be guilty of professional negligence if they have advised you that you cannot make a claim when in fact you can, if they have failed to issue your claim within the allowed time limits, or if they have misadvised you regarding likely costs, causing you to abandon your claim.

If you believe that you may have a claim for professional negligence against a solicitor, please contact us for more information on how to proceed.