Ronald Fletcher & Co.
Free Phone Consultation
Call: 0207 624 0041
Menu Contact

Outcome of solicitor's negligence case dependent on facts

While most who hire a solicitor to help them with a legal issue likely assume the solicitor will do everything possible to lookout for their best interest, the reality is this does not always happen. Instead, all too often the standard of care put toward a legal matter falls below the accepted standard. When this happens, it is possible the party who hired the solicitor to assist them, could find that they have suffered a great loss. In these situations, it may be possible to recoup damages for those losses via a solicitor’s negligence lawsuit.

The outcome of a case of this nature will vary depending on the specifics of each situation. Sometimes a court will not find that the solicitor or barrister accused of negligence actually was negligent. This was the case in a recent decision by the High Court.

At the heart of the case was the allegation that a barrister was negligence in advising a client that she should settle her case. This occurred at the doors of the court and was prompted by the failure of a key witness to appear. The claimant suffered a closed head injury several years before when she was struck by a motorcyclist.

In ruling against the claimant the judge indicated she was not convinced the barrister assessed the evidence incorrectly or in a negligent manner, when he advised the woman to settle her case. The judge did point out that at the time of the case the barrister was as a junior trainee, only six months into his training contract. This placed him in a position he was not really ready for. Because of this the judge pointed out that really, if anyone was negligent, it was the solicitors who sent him to court that day.

Regardless of the outcome of this case, anyone who believes they may have suffered a loss as a result of negligent representation could benefit from consulting with a solicitor who handles solicitor negligence.

No Comments

Leave a comment
Comment Information
Authorised and regulated by the Solicitors Regulation Authority (SRA) SRA number 48369