What you should know before you sue your solicitor for negligence


When a solicitor is helping you fight a legal case, they are unlikely to prove a source of problems or complications. Unfortunately, there remain instances where a case can go off the rails due to negligence on the solicitor's part. Should you end up with this kind of situation on your hands, suing your solicitor is an option. However, before taking this route, you need to think carefully about whether it is truly a wise strategy. The following issues should be factored in before you go ahead.

Is successfully suing a solicitor for negligence really possible?

While taking legal action against a solicitor is technically possible, you could remain deterred from doing so - for several crucial reasons. Judging from our own experience handling cases of solicitors negligence in London, you could fear that your legal fight with a solicitor would have a foregone conclusion - and not one landing in your favour. You might also worry that this course of action would overly strain a relationship that you have long had with that solicitor.

It's no big revelation that lawyers can be intimidating. Indeed, in an article for The Guardian published in 2012, the then-Legal Ombudsman chief, Adam Sampson, remarked: "That is not criticism: it is after all what we pay them to do." He also acknowledged the years-old "vexed and unhappy question" of complaints about the legal profession. So, if you dread how your solicitor would react if you sued them, take heart that many other people have been in your position.

With expert assistance, you genuinely can sue that solicitor

You can overcome your reticence - at least to the extent necessary to take that legal action. Much like, in any other court case, a solicitor can scare the opposing party to your benefit, the same applies when you enlist the help of a lawyer who is experienced in handling solicitor negligence cases. We can provide exactly that lawyer - and, owing to our own knowledge of claiming legal scalps from solicitors, you can be reassured that you are unlikely to ever need to confront the solicitor personally. This can remove at least one source of intimidation from that legal professional.

However, do you really have a good claim?

Still, being sufficiently confident to challenge a lawyer through the court doesn't strictly mean that you actually should. At Ronald Fletcher & Co., we can assess the merits of your claim and advise you on whether it is a convincing one with a realistic chance of success. Should, on the back of this, you deem the odds close enough in your favour, you could then decide to proceed.

Before doing that, however, you should heed this warning from Law Donut: "In court, you have to prove your case. The defendant does not have to disprove it." Therefore, watertight evidence could be crucial. This should include evidence that you have left the other party sufficient opportunity for out-of-court settlement; this could help boost the financial award if you win the case.