When you employ a solicitor, you expect a certain standard of professionalism and for transactions to go according to plan. They have a duty of care to their clients and luckily, most solicitors do not take the high degree of trust placed in them for granted. But procedural errors do happen sometimes, and this can present serious consequences for you and your loved ones.
From document errors to negligent conveyance, procedural errors can result in financial loss or loss of chance. If you have been failed by a solicitor, you could have a valid solicitor negligence claim and be entitled to compensation.
Common Procedural Errors
Due to the complex nature of each solicitor negligence claim, you may not be sure whether your lawyer has made a mistake during the course of litigation. Knowing how to identify procedural errors can help you understand their impact and find effective strategies to mitigate any negative outcomes.
Some of the most common legal mistakes that could result in a case of professional negligence include:
- Settling a claim for too little – Sometimes clients are advised to settle for compensation sums that are well below what they deserve, and this can be a very expensive mistake.
- Missing deadlines – This is a common lapse in judgment, but it is happening more and more often. This could result in clients missing out on the compensation they are entitled to since many legal cases are subject to strict time limits.
- Conveyancing mistakes – Conveyancing mistakes are any errors made during the buying and selling of property. This includes failing to carry out proper searches of property, missing errors in leases and not advising clients on restrictive covenants.
- Errors in documentation – This includes errors in content, meaning and motive within important legal documents.
How to mitigate procedural errors:
Once a procedural error has taken place, you can remedy the situation by following one of the following strategies:
Make A Complaint
A claim and a complaint are not the same, although they certainly follow the same thread. If you aren’t sure whether you have a valid professional negligence claim, then your first port of call is to issue a complaint to the firm you used directly.
Talk to a Legal Ombudsman
If you aren’t satisfied with the response you get from the solicitor and firm you have used, your next move is to contact a Legal Ombudsman. They can help you with issues concerning poor communication, billing issues and lost documents.
Report to the SRA
The Solicitors Regulation Authority is responsible for monitoring solicitors and their firms to ensure they are complying with the rules. You can report the negligent solicitor to them, especially if you believe their behaviour has breached the SRA Code of Conduct.
