Last Updated on 5th March 2025
We take a look at a very commonly asked question, ‘Can I sue a solicitor for breach of duty of care?’
We specialise in professional negligence claims against solicitors nationwide. So, for further guidance on ‘Can I sue a solicitor for breach of duty of care?’ contact our dedicated Helpline for a free case assessment and details of No Win, No Fee funding.
Does a solicitor owe their client a duty of care?
Yes, a solicitor will owe their client a duty of care. However, a solicitor will only rarely owe a third party who isn’t their client a duty of care. An example of when a duty of care can be owed by a solicitor to a non-client would be a beneficiary under a Will that the solicitor has prepared.
What is a ‘Breach of Duty’?
A breach of duty occurs when someone who owes you a legal duty to take care, such as the duty owed by a solicitor to their client, fails to do something that they should reasonably have been expected to do. It is therefore simply a failure to take reasonable care in all the circumstances.
A breach of duty by a solicitor is often simply referred to as ‘negligence’.
Common breaches of duty by solicitors include, missing a key deadline, allowing a case to be struck out, failing to protect a client’s legal interests, making an error in the drafting of a legal document, and giving a client incorrect legal advice. However, in practice the number of potential breaches of duty is almost endless, and you will find lots of case studies on this website about the claims we have successfully made.
Can I sue a solicitor for breach of duty of care?
Yes, you can. To bring a successful professional negligence claim against a solicitor you have to not only establish that a duty of care was owed and breached, but also:
- that you have suffered a loss as a result of the breach; and
- that the breach caused the damage.
How we can help you
If you would like further guidance on, ‘Can I sue a solicitor for breach of duty of care?’ then contact our free legal helpline for a review of your case.
If you have a solicitors negligence duty of care claim, and require expert guidance on professional negligence against solicitors we will be happy to provide a free case assessment and details of No Win, No Fee funding. To speak to a specialist solicitor call 0333 888 0403, or email [email protected].
This article, ‘Can I sue a solicitor for breach of duty of care”< was updated in September 2024.
