More about claims against Solicitors and Barristers
A Solicitor owes a Duty of Care to his/her client in all types of cases undertaken - but common areas that can give rise to claims for professional negligence are:-
- Conveyancing transactions - for mistakes made in both residential conveyancing and commercial property transactions
- Litigation - it doesn't follow that your Solicitor is negligent just because you lost your claim, but if he or she failed to act with reasonable care and attention you may have a claim
- You might even be able to claim if you "won" your case, but it turns out the Solicitor has advised you to settle for too little when a reasonably competent Solicitor would have advised differently
- Barristers can be liable for negligent advice or errors in drafting papers, although they cannot be liable in negligence for Advocacy at Court
Limitation Periods
All claims are governed by Limitation Periods, which define the time periods within which you can start a Court case. In general there is a 6-year Limitation Period for bringing a claim for professional negligence, but Limitation Periods vary according to the type of claim:-
- If your Solicitor fails to advise you correctly, or fails to start Court proceedings in time, so that you lose the right to make a claim, you could be entitled to compensation for professional negligence
Bear in mind that all Solicitors are required to have the benefit of Professional Indemnity Insurance to enable them to pay claims for losses arising from their negligent mistakes.
