Legal Negligence - I Think My Lawyer Messed Up

You may have used the same lawyer for years and have developed a good working relationship with them. However what do you then do if you believe that they are guilty of legal negligence? Would you worry about making a claim as it might damage that relationship?

Think about a different situation. You are travelling in your car, you stop to give way at a roundabout and bang! Someone crashes into the back of your car causing quite a lot of damage. You get out and confront the other driver only to find that it your solicitor. What would you do then? Would you shake hands and write it off to experience or would you make a professional negligence claim against them?

Just like any other motor accident you would exchange details and make a claim via your insurance company knowing that both of you have taken out insurance to protect you for such occurrences. You recognise that accidents happen and that the driver at fault is liable and that neither of you need to take it personally.

The same principle applies for legal negligence. All lawyers pay a hefty premium each year for professional indemnity insurance to cover them in the event that they or their staff makes a mistake that costs their clients money.

Perhaps they missed a deadline which made it harder for you to win a case. Maybe they dragged out a claim process which resulted in you accepting a lower compensation figure just to get it all over with. Perhaps they gave you poor advice on a lease which had a detrimental effect on the property value. The bottom line is you have lost out as a result of their legal negligence and you may be entitled to redress.

Of course just because you are unhappy with the service you have received at the hands of your solicitor doesn't necessarily mean that they have automatically been negligent in the eyes of the law.

Proving legal negligence is a complex process and one where you would be well advised to seek professional assistance. A specialist legal negligence solicitor will assess the merits of your case and try to work out what the outcome of the situation would have been had your solicitor handled the situation properly the first time around. If, as a result of this there is a clear case to be made you can then purse the appropriate level of claim in the most effective manner. It all depends what you want; an apology, an investigation, or compensation for example.

So don't be afraid to complain if you think something is amiss, remember the motor insurance analogy. Seeking professional help at an early stage is the key to ensuring that a) you don't waste your money or time pursuing an emotive but unprovable legal negligence claim and b) a valid professional negligence claim is pursued in the most cost efficient and winnable manner within any statutory time limitations.


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Bonallack & Bishop are specialist professional negligence claim solicitors. If you need advice on your legal negligence claim contact one of their lawyers today. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and sees himself as a businessman who owns a law firm.