When you instruct a solicitor or barrister to represent you, you expect them to use their professional experience and professional expertise to help you win your legal case.
Unfortunately, there are situations where the negligent actions of a solicitor or barrister can affect the outcome of the case or court action, causing you either a financial loss or other type of damage. If this has happened to you, you could have grounds to make a claim for professional negligence.
Here are just some examples of professional negligence in the legal industry:
If your solicitor or barrister has missed a limitation date or time limit set by the court to file certain documents or make a claim, your case may be thrown out, or you may be prevented from pursuing a claim altogether.
Use of the wrong expert
In court, many legal professionals call upon other experts to provide context and supporting evidence for a case. If your solicitor or barrister called the wrong expert, this may have meant that your case was not accurately and completely presented to the court.
Missed a part of your claim
Many claims nowadays come with multiple parts – for example, a personal injury case would involve not only a claim for damages but also for loss or earnings as well as future healthcare and assistance. If your solicitor missed one of these parts, you may not be able to claim for it within your personal injury claim.
Issued the claim against the wrong defendant
If a solicitor or barrister doesn’t identify the correct defendant to issue a claim against, you could make a claim of your own. For example, if you were injured at work and your solicitor mistakenly claimed against your employer when they should have claimed against an equipment manufacturer.
Failed to investigate essential evidence
It’s your legal representative’s duty to thoroughly investigate all evidence that may support your claim in court. If they do not, they could miss a vital piece of evidence that has a detrimental impact on your claim.
Provided incorrect advice on funding or insuring your case
If your solicitor provides incorrect advice on After The Event insurance or other relevant funding to your case, they may be found to have been professionally negligent.
Didn’t properly represent you at court
You may feel that your legal representative did not represent you well enough in court – perhaps they did not prepare the right papers for court or sent someone to court who did not know your case well enough to represent you properly.
Under-settled your claim
If your solicitor settled a claim which was subsequently found to be worth much more, you could make a claim against them for the difference.
These are just some of the main ways in which a legal representative could be professionally negligent. If you feel your legal case was mishandled in any way, our expert professional negligence solicitors are happy to discuss your case free of charge so you can decide whether to proceed with a claim.