Last Updated on 5th March 2025
When a solicitor has made a mistake, the question on everyone’s lips is usually ‘can I make a negligence claim against them?’
For a free consultation about making a professional negligence claim against a solicitor on a no win no fee basis call us on 0333 888 0403 or email [email protected]
People are often surprised to find out that even when a solicitor has made a mistake it doesn’t necessarily mean that they are entitled to make a compensation claim. In order to have grounds to make a professional negligence claim a number of requirements must be met.
The first thing you need to establish if you feel you have been let down by a lawyer is that they have breached their ‘duty of care’.
Solicitors will be judged by the standard of the ‘reasonably competent solicitor’ in whatever area of law they practice in. So, the conduct of a solicitor who specialises in property conveyancing, for instance, will be considered in terms of what can be reasonably expected of a specialist conveyancing solicitor.
Once it has been established that the solicitor’s mistake amounts to a breach of duty, or negligent act, the next hurdle to overcome is establishing that financial loss has been suffered. If the lawyer’s error did not result in you suffering loss, then a claim cannot be pursued.
For instance, if a conveyancing lawyer fails to give you correct advice in relation to the purchase of a property (such as the effect of a restrictive covenant for example) but you decide not to proceed with the transaction for unrelated reasons, then even if the error was clear-cut, the fact that the purchase did not proceed means that no loss has been suffered.
If loss can be established, a successful claimant must go on to show that it arose directly as a result of the negligence and not some other cause. If the loss would have arisen even if the lawyer’s mistake had not occurred then the claim is unlikely to succeed. This element is known as ‘causation’. A classic example would be someone who has been let down by a solicitor in a litigation case which they would have lost anyway, even if the mistake had not occured. For instance, if a claim were to become statute barred because of undue delay by the solicitor – a clear mistake – but the claim itself had no realistic prospects of succeeding, then the professional negligence action will be likely to fail on causation.
It’s also worth considering the value of the claim. If the loss suffered as a result of a solicitor’s mistake is under £10,000 then it will be classified as a ‘small claim’ (as at February 2025). This means that even if the case is successful in the small claims court you are unlikely to recover your legal costs. It is therefore rarely economic to employ the services of a solicitor in a small claim as the legal costs can quickly outweigh the value of the claim. People can end up losing most, if not all, of what they win in legal fees or even find themselves out of pocket. The likely costs and benefits of a claim therefore need to be carefully weighed up before being pursued. If you decide to appoint us to represent you then we will discuss your funding options with you right at the start.
How we can help you claim compensation if your lawyer has made an error
The key thing to remember about claims against solicitors is that they usually turn on the individual facts of each case. This makes it important to seek guidance from a specialist lawyer. We operate a free professional negligence consultation service. You can call or email us and one of our specialist solicitors will assess your case; free of charge and without obligation. They will also consider your funding options, including no win, no fee.
So, if your solicitor has made a mistake resulting in substantial loss, and you want to know if you have a valid legal claim then contact us for a free consultation on 0333 888 0403 or by emailing [email protected]
