Solicitors are expected to provide competent legal advice and services. But what if a solicitor makes a mistake? Unfortunately, mistakes can happen, and when they do, they can have serious legal consequences for your case. If you believe your solicitor has made an error, it is important to understand your rights and the steps you can take to address the situation by making a professional negligence claim.
Types of solicitor mistakes
When a Solicitor makes a mistake, it can take many forms. This can include:
· Administrative errors
This can include legal professionals missing limitation dates, filing incorrect documents, or losing critical paperwork. These mistakes can delay proceedings or even cause you to lose your case.
· Poor legal advice
Providing incorrect or inadequate legal advice can significantly impact the outcome of your case. This might include misinterpreting the law or failing to inform you of important legal options.
· Inadequate preparation
Failing to properly prepare for court appearances, negotiations, or other legal procedures can jeopardize your position. This can be due to not gathering enough evidence or not thoroughly researching your case.
· Conflict of interest
If your solicitor has a conflict of interest that they did not disclose, it can compromise the integrity of their representation and adversely affect your case.
Steps to take if your solicitor makes a mistake
If you believe that your solicitor has made a mistake, then taking the pre-action protocol for professional negligence can help address the issue effectively, by taking these following steps you can ensure you start your professional negligence claim properly:
- Identify the mistake – Begin by clearly identifying the mistake and understanding the impact on your case. Collect all relevant documents, emails, and notes that detail the error and it’s consequences.
- Communicate with your solicitor – The next step is to discuss the issue directly with your solicitor. Approach the conversation calmly and professionally, outlining your concerns and providing evidence of the mistake. Often, solicitors will acknowledge their error and propose a way to rectify it without additional costs.
- Seek a second opinion – If you’re not satisfied with your solicitor’s response or solution, consider seeking a second opinion from another legal professional. Our team at Specters is more than happy to talk with you about your potential claim for a free consultation.
- File a formal complaint – If the issue remains unresolved, you can file a formal complaint with the solicitor’s firm. Firms are required to have a complaints procedure in place. Document your complaint in writing, detailing the mistake, its impact, and any attempts you have made to resolve it with your solicitor.
- Consider making a professional negligence claim – If the solicitor’s mistake has caused significant financial loss or damage, you might have grounds for a professional negligence claim. You can contact us by using the information at the top of this page to learn more.
For more information on the steps to take when solicitors make a mistake, read how Specters solicitors can help you recover deposits lost due to negligent advice.
How to prevent solicitor mistakes
When solicitors make mistakes, it can sometimes be unavoidable. However, there are steps you can take to minimize this from happening:
- Choose the right solicitor: Ensure your solicitor has the relevant experience and expertise in the area of law your case involves.
- Maintain clear communication: Keep an open line of communication with your solicitor. Regular updates and clarifications can help prevent misunderstandings.
- Stay organised: Keep thorough records of all correspondence, documents, and instructions related to your case. This can help you and your solicitor stay on track.
- Ask questions: If you’re unsure about any aspect of your case, then don’t hesitate to ask questions. By understanding the process in more detail, you can identify any potential issues early.
Contact us to learn more
If your solicitor makes a mistake, it can be a challenging and stressful situation. But by taking steps to ensure you’re protected; you can reduce the risk of being a victim of professional negligence. For more information on this you can contact us to learn more. You can get in touch by calling us on 0300 303 3629 or by making an enquiry. Alternatively, you can read our guide on professional negligence claims arising from divorce for more information on what we do.
