Our lawyers and mediators are experts in professional negligence claims against lawyers, and have a high success rate of around 98% in settling negligence claims for clients. We strive to achieve successful outcomes quickly and cost-effectively to recover your compensation: this is our promise. In this article, our lawyers look into negligence claims against lawyers, and common examples of negligence.
If you have suffered professional negligence by a lawyer, please call us for a Free Consultation on 0207 459 4037 today.
What is Professional Negligence?
Professional negligence can occur when a solicitor fails to provide services to the standard reasonably expected of a competent professional, resulting in financial loss or damage to the client. This standard encompasses a range of duties, including diligence, skill, and adherence to legal, regulatory, and ethical guidelines.
Proving Negligence against Solicitors
To establish a successful claim against a solicitor for professional negligence, the following elements must be proven:
- Duty of Care: It must be shown that the solicitor owed a duty of care to the client. This is generally established through the solicitor-client relationship.
- Breach of Duty: The client must demonstrate that the solicitor breached this duty. This involves showing that the solicitor’s actions or inactions fell below the standard of care expected of a reasonably competent professional in the same field.
- Causation: There must be a direct link between the solicitor’s breach of duty and the loss suffered by the client. This means proving that the loss would not have occurred without the solicitor’s negligence.
- Quantifiable Loss: The client needs to demonstrate that they suffered a specific, quantifiable loss because of the solicitor’s negligence. This could be financial loss, loss of opportunity, or other measurable damages.
The burden of proof is on the claimant client to prove these elements on a balance of probabilities. In negligence claims, it is important to have evidence (including evidence to support the losses claimed).
Our lawyers work with our in-house consultant forensic accountants to calculate any losses suffered so that we can put forward a robust case to recover the damages you have suffered from the negligent lawyer.
Common Examples of Solicitor Negligence
In our lawyers’ experience, there are several common examples of negligence claims against solicitors including:
- Errors in Legal Advice: Incorrect or incomplete legal advice leading to adverse outcomes
- Missed Deadlines: Failing to comply with statutory or court-imposed deadlines
- Inadequate Representation: Subpar performance in court or negotiations
- Conveyancing Errors: Mistakes in property transactions causing financial loss.
Case Law Examples on Negligence Claims
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 (negligence standard of care)
Although related to medical negligence, this case established the ‘Bolam Test’, widely applied in solicitor negligence cases, assessing the professional standard of care.
John Bolam, the claimant, underwent electroconvulsive therapy at Friern Hospital, managed by the Friern Hospital Management Committee. He sustained fractures during the treatment and alleged negligence in the absence of muscle relaxants and restraints and the lack of informed consent about the risks.
The court held that the hospital was not negligent. It established the ‘Bolam Test’ for assessing professional negligence: where a professional is not negligent if they act in accordance with a practice accepted as proper by a responsible body of medical persons skilled in that specialism.
This test was subsequently adopted in various professional negligence cases. It essentially states that if a professional adheres to a standard considered acceptable by a significant number of respected practitioners in the field, they are not typically seen as negligent, even if others disagree with their approach.
Bell v Peter Browne & Co [1990] 2 QB 495 (no continuing duty to correct error)
Mr. Barry Bell, the claimant, consulted Peter Browne & Co., the defendant, about his matrimonial affairs in 1977. The agreement was that upon the sale of the matrimonial home, his ex-wife would pay him one-sixth of the sale proceeds. Bell transferred his interest in the property to his ex-wife in 1978, but the solicitors failed to protect his interest in the future proceeds of the sale, either by a deed of trust, securing a charge on the property, or registering a caution.
The property was eventually sold in 1986, but Bell’s ex-wife did not pay him his share. Bell commenced proceedings in 1987, alleging breach of duty by the solicitors. A key issue was whether the claim was barred by limitation, as the cause of action was argued to have arisen more than six years prior to the issue of the claim form for negligence.
The claimant argued that the solicitor’s duty to protect his interest was a continuing one and only became incapable of being fulfilled when the property was sold. However, the defendant solicitors argued that the claim was statute-barred, asserting the cause of action arose when the breach occurred (failure to secure Bell’s interest in the property).
The court held that the defendant solicitors were in breach of their duty when they allowed the claimant to transfer of his property interest without taking proper precautions to protect his future interest in the sale proceeds. However, the court concluded that Bell’s cause of action in the contract was barred by statute, as it arose when he transferred his property interest to his ex-wife.
Hurlingham Estates v Wilde & Partners [1997] 1 Lloyd’s Rep 525 (scope of retainer to give tax planning advice in transactions)
Hurlingham Estates Ltd, the claimant, engaged Wilde & Partners, a firm of solicitors, for a property transaction involving the acquisition of a lease and granting of a sublease connected to a fashion business.
The transaction inadvertently led to a substantial tax liability under the Income and Corporation Taxes Act 1988, section 34(1), due to the structure of the deal.
Hurlingham Estates claimed that Wilde & Partners failed in their duty by not advising that the transaction structure would give rise to a tax charge.
The court held in favour of the claimant, ruling that the defendant solicitors had not limited their duties by any agreement and had assumed full responsibilities. A competent solicitor in conveyancing or commercial law should have been aware of the potential tax liability. The solicitors owed a duty to advise on the risk of tax liability, which could have been avoided with a different transaction structure.
Case Example – Successful Negligence claim
Our professional negligence lawyers acted for a construction company that purchased the freehold of a property located in London. However, the conveyancing solicitors acting in the property purchase failed to properly alert our client and advise that there were restrictive covenants which significantly affected the freehold reversion value of the property.
Our lawyers were instructed by the construction client and successfully settled the claim during the pre-action phase as the insurer’s solicitors sensibly admitted liability early without court proceedings having to be issued by our client.
The claimant client left the following feedback for our lawyers:
“Very satisfied with the way that Karim and his team took hold of a messy conveyancing professional negligence claim, and progressed it through to an amicable settlement in just over 6 months. Professional, courteous, knowledgeable, and also pragmatic with advice and strategy. I would not hesitate to recommend.”
Mediation in Negligence Claims against Solicitors & Barristers
Alternative dispute resolution, where suitable, provides many advantages for parties in legal disputes. Our lawyers are strong advocates for mediation, which can often lead to favourable settlements.
Several of our lawyers are trained mediators and expert negotiators who are registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute. Our expertise in mediation gives our lawyers a significant and unique advantage when navigating settlement discussions on your behalf.
Expert Professional Negligence Claim Lawyers in London
We provide flexible funding options including fixed fees and ‘no win no fee’ arrangements to pursue your professional negligence claim.
If you believe you have suffered due to solicitor negligence, it is crucial to seek expert legal advice promptly. At Go Legal, our team of experienced negligence lawyers in London specialise in navigating complex claims. We provide clear guidance and robust representation to ensure you receive the justice and compensation you deserve.
Please call us on 0207 459 4037 or complete our online booking form for a Free Consultation today to discuss your negligence claim.
