Breach of Confidentiality Claims

The short answer is Yes; however it is important that you choose the right solicitor to represent you when suing your previous solicitor.

Professional negligence claims against other solicitors is a specialist area of law. There are complex legal principles that needed to be established and there can often be disputes within a dispute. There are lots of solicitors who hold themselves out to be experienced professional negligence solicitors and they are not.

There are many examples of solicitor’s negligence and you are likely to have a unique insight into the subject based on your own case. Here are a few examples of solicitor’s negligence:

• Missing out financial losses which should have been included in your claim;
• Missing Limitation Dates. The limitation dates can vary depending on what type of claim you were pursuing; however, it is important to note that a claim must be filed at court within the timeframes set out within the Limitation Act 1980. Failure to file a claim in time will result in the claim being time barred;
• Providing negligent legal advice which leads to a financial loss or loss of opportunity;
• Failing to comply with a court order or deadline, this can also include not paying a court fee when ordered;
• Failure to investigate fundamental evidence which may have led to a different outcome;
• Failure to obtain expert evidence or the correct expert evidence, which results in an under settlement;
• Not advising correctly in the context of provisional damages;
• Failure to advise on litigation or After-the-Event (ATE) funding, which in the event of an unsuccessful case leads to an adverse cost exposure.

If you, your family or friends require advice regarding one of the examples above or wish to speak with one of our professional negligence lawyers in confidence, please contact one of our specialist solicitors on 0151 559 0120.

There are time limits for any professional negligence claim, including claims against solicitors and legal professionals. This is sometimes what lawyers call the limitation period and it is the timeframe within which court proceedings must be started, failing which you would be unable to bring your claim.

The law relating to limitation, can be found in the Limitation Act 1980; however, you must be careful when assessing the limitation period because it is a very specialist and complex area of law, and we would always urge a potential client to seek independent legal advice before delaying any action.

There are different time limits depending upon what type of claim you were pursuing. The primary limitation period in solicitor’s negligence claims, would normally be six years from the date of negligence to bringing a claim to court, although, it is our experience that assessing the six-year limitation date, can be problematic, because there may have been a number of breaches during the negligent solicitor’s retainer.

It is also possible, if negligence comes to light many years later and you acquire a reasonable knowledge that there has been negligence, that you can rely on that date of knowledge. In this situation, you generally have three years from the date when you had a reasonable knowledge that negligence had occurred to bring a claim.

The 3-year limitation period (date of knowledge) is sometimes known as the secondary limitation period. However, it must be said, that relying on date of knowledge to bring a claim in professional negligence can be riskier. Defendants are likely to challenge the date of knowledge of the claimant and are more likely to argue that the case is time barred.

The legal profession is a highly regulated professional service. The Solicitors Regulation Authority (SRA) is responsible for the regulation of solicitors.

Solicitors must follow their code of conduct and are obliged to provide information to their clients about how to complain. This information is normally contained in the initial letter sent to you by your solicitor at the start of your claim.

If, you are unsure on how to complain, you should contact the firm who handled your case and ask for a copy of their complaints procedure.

Generally, the solicitors will ask you to confirm your complaint in writing, that complaint when received will be acknowledged and the solicitors should respond to the complaint in a reasonable period. If you are not satisfied with the response, you then have the option to take the matter to the Legal Ombudsman.