BridgeMcFarlandSolicitors

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Bridge McFarland can offer you practical, uncomplicated advice, support & guidance when you need it most. Whether it be an employment dispute, family advice, an accident or negligence, life planning or moving house, let us help you.
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Our commercial team in Lincoln, Hull, Market Rasen and Grimsby prides itself on its sound business sense, commercial insight, local knowledge and first class understanding of the relevant legal disciplines ranging from employment law, business contracts, dispute resolution to agriculture and property development. From company formation to sale, succession, dissolution or dispute resolution, you can trust our team to deliver first class service and results.
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Can I Sue My Solicitor?

If you feel you have been let down by your solicitor or barrister our PNLA accredited experienced lawyers will be able to advise you on whether or not you have a case. You may be able to claim against your solicitor if you have received negligent advice.

Home » Personal Law » Professional Negligence » Can I Sue My Solicitor?
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We can offer support and advice if you have been let down by a legal representative.

In these cases it is important to prove that you have suffered a loss as the result of poor advice or negligent support. Our experienced lawyers will be able to advise you on whether or not you have a case.

It may be that you wish to sue a solicitor who was not acting for you, but who acted for someone you know in respect of their Will. If you believe you are, or should have been a beneficiary under a Will and that the actions of the probate lawyer were negligent you may be able to take the matter further.

Get in touch with our experienced team for more information about making a claim.

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Rob Ripley
Partner

T: 01482 320 620

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Mike Wilson
Partner

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Natalie Thomas
Risk Partner

T: 01522 518 888

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View All FAQs
FAQs
How long do I have to bring a claim?
Professional negligence claims generally arise from breach of contract and/tort. A claimant has 6 years to bring this kind of claim. This is the primary limitation period. This period begins from the date that the cause of action accrues. If the primary limitation period has expired but you had not realised your professional had been negligent, you have three years from the date that you first knew this or the date that you ought to have known. This is the secondary limitation period. There is however, a 15 year longstop period. You cannot bring a claim after 15 years of the negligence or loss, regardless of whether you knew about the negligence.
Who can I bring a professional negligence claim against?
A professional negligence claim can be brought against any professional. We have experience with claims against the following types of professionals: • Solicitors • Barristers • Conveyancers • Surveyors • Will writers • Architects • Builders • Accountants • Financial Advisors • Insurance Brokers • Insurance Companies • Local Education Authorities
How involved will I be in my claim?
We know that bringing a legal claim can be stressful and you can be as involved in your claim as you wish to be. Of course, we will always provide you with real and honest advice throughout your claim and will always act in accordance with your instructions. We understand that some people like as little involvement as possible, and some like to be involved as much as possible. We will be guided by you as to how involved you would like to be in your claim whilst ensuring that you are always kept fully up to date.
How long will my claim take?
Every professional negligence claim is different and the timeframe can vary. However, the Professional Negligence Pre-Action Protocol applies to the majority of professional negligence claims. This protocol governs the conduct of the parties in the initial stages of the claim, for example, after we have sent a Letter of Claim to the Defendant, they have 21 days to acknowledge it and then 3 months after that to respond. Keeping this in mind, and the time it takes to investigate the claim, gather any expert evidence and take any other steps that may be required, the initial stages of the claim can take between 6 and 12 months. If the matter proceeds to trial, this can take in excess of 2 years although very few claims reach this stage.
Should I make a complaint?
You can make a complaint against the relevant profession regardless of whether you have suffered a loss. Most complaints relate to issues of poor service such as delay, etc. You should send a formal letter of complaint to the professional which explains the problems you have encountered with them. If you have issues with your solicitor and they have not been resolved through the initial complaint process, you are entitled to complain to the Legal Ombudsman. If your problems relate to an accountant or financial advisor and your complaint remains unresolved, you can complain to the Financial Services Ombudsman. Most professionals are regulated by a professional body. In the event that you do have a complaint which has not been resolved by the professional you should conduct some research into any regulatory body to whom you should address your complaint.
What can I claim back from the professional?
The purpose of bringing a professional negligence claim is to put you in the position you would have been had the professional not been negligent. As such, you can claim any loss you have suffered, provided that you would not have suffered it without the professional negligence.
What do I need to show to bring a professional negligence claim?
In order to bring a claim for professional negligence, you must satisfy the following elements: 1. Did the professional owe you a duty of care? Where you are an individual relying upon the services of a professional, it is usually clear that you are owed a duty of care. 2. Did the professional breach this duty of care? The service you received must fall below the standard of what would be expected of a reasonably competent professional working in the same field. 3. Did professional’s breach of duty cause you a loss? You must have suffered a loss and this must be a direct result of the professional’s negligence
Will my claim go to court?
Again, every professional negligence claim is different. The Pre-Action Protocol encourages the early settlement of the claim and, in the vast majority of cases, claims are settled before the need for trial.
How will my claim be funded?
We would need to carry our a full risk assessment of your claim before we can advise you about funding. Below are some of the options: