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London Professional Negligence Law Blog

Negligent solicitor advice may result in legal action

People who seek the counsel of a solicitor, do so because they are in need of assistance with a legal matter. In most situations when someone does not have knowledge of the specific topic, this is a good course of action. Accordingly, it makes sense there would be an expectation that the advice provided by the solicitor would be well thought out. Unfortunately this is not always the case. Recently, a global firm was ordered to compensate a commodities business intelligence firm due to negligent advice the firm provided.

The importance of having a will that is drafted correctly

It’s hard to think about death and leaving friends and family behind. Making a will can be the most important thing you do to make the period of time following your death as easy as possible for your loved ones. This is because in addition to providing guidance on how assets should be distributed, it can also direct them as to how you want certain matters addressed, when you are no longer there to provide instruction. 

Taking legal action when your solicitor acts negligently

There is no question that solicitors play an important role in a wide variety of legal transactions throughout the United Kingdom. People seek assistance from these professionals because of the expertise they have in matters that the average individual does not. Much of the time the guidance they provide results in a legal transaction being completed without any issues. There are times however where a solicitor may not provide the level of service expected from those in this position. This can manifest itself in many ways, depending on the nature of the legal matter they were hired to handle. 

Caution urged in buy-to-let transaction lending

The conveyance of property involves multiple steps. If just one of these steps is not completed correctly, it is possible issues could arise with the entire transaction. Through the rest of the month, a property risk expert is urging conveyances and mortgage lenders to pay even closer attention to lending risks. This is due to an expected increase in the number of buy-to-let property transactions. The anticipated rise in transactions of this nature is due to a stamp duty increase that takes effect the first of April. 

Suggestions for reducing conveyancing complaints

In any transaction involving real estate, there is usually a large sum of money involved. Because of this it is vital that the process is handled correctly from start to finish. When this doesn’t happen, it is possible the transaction itself could be at risk. In other situations, disputes could arise after the fact, as a result of the way the transaction was handled.

The Legal Ombudsman recently provided statistics regarding conveyancing complaints filed. It reported 23 percent of the complaints it received, concerned conveyancing. Matters prompting the complaints could take many forms including:

  • Delays
  • Communication issues
  • Information gaps

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.

Why are the number of solicitor negligence claims dropping?

To readers of this blog it may seem as though there is an abundance of solicitor negligence claims that are regularly filed. While most would likely agree that even one such claim is too many, statistics recently released indicate the number of these matters that were reported last year was down. More specifically the number of law firms facing professional negligence claims in the High Court was nearly cut in half last year as compared to the year before.

SRA faces allegations of solicitor bias

As is the case with many professions that serve consumers, in Great Britain, solicitors are governed by the Solicitors Regulation Authority. Among other things, it is the agency to which solicitor complaints can be made by clients. Depending upon the outcome of the SRA’s review of the complaint, it is possible the solicitor could face disciplinary action. Recently, some consumers alleged the SRA has a bias toward solicitors.

Solicitor negligence may arise in property conveyance transaction

Some people engage in transactions involving large amounts of money on a regular basis. For most people however, transactions of this nature are limited to the purchase or sale of their home. Called conveyancing, this is generally a complicated process resulting in a great amount of stress.

The process involves two parts. The first phase involves exchanging contracts. The second is the completion phase. Together, it can take up to 10 weeks to complete this process. To avoid issues throughout this process and help reduce stress, it is advisable to work with a solicitor to handles conveyances.

Would standardised solicitors test reduce negligence claims?

When someone seeks the assistance of a solicitor to resolve a legal matter, there is no question that most seek the most qualified solicitor available. But just how is that determined? If the Solicitors Regulation Authority moves ahead with a plan, that may become easier. The organisation is looking into the creation an assessment that to practice, all solicitors would have to pass.

Authorised and regulated by the Solicitors Regulation Authority (SRA) SRA number 48369