How can I bring a professional negligence claim against my solicitor?

Solicitors, like all professionals, can make mistakes. When those errors cause financial or practical harm, you may be able to pursue a claim for professional negligence.

Bringing a legal claim against a lawyer can feel intimidating. It’s often difficult to know whether a solicitor has genuinely acted negligently, what the consequences are and whether it’s worth the time and cost of pursuing a claim.

This guide explains what professional negligence by solicitors involves, how to assess whether you may have a valid claim and the first steps to take if you believe your solicitor has made a mistake.

What is professional negligence?

Solicitors owe their clients a legal duty to act with the skill and care expected of a reasonably competent practitioner in their field. If they fall below this standard and their actions cause harm, they may be legally liable. This is the essence of professional negligence.

Solicitor negligence can arise in many areas of legal practice. Common examples include:

• Property transactions: failing to identify boundary issues, rights of way, planning restrictions or ownership problems
• Leases: not advising on repairing obligations, service charges or how to validly exercise a break clause
• Wills and probate: poor drafting, not addressing concerns about capacity or creating uncertainty that leads to disputes between beneficiaries
• Business contracts: not explaining the effect of key terms, missing risks or drafting errors that cause unintended commercial consequences
• Litigation and disputes: missing court deadlines or limitation periods, ignoring court orders or providing incorrect legal advice.

While clients may feel dissatisfied with a service, not every mistake or frustration amounts to negligence. A claim only arises where the solicitor’s conduct falls below the standard of a reasonably competent professional and causes recoverable loss.

What do I need to prove to bring a negligence claim?

To pursue a successful claim against a solicitor, three key elements must be established:

1. Did the solicitor owe you a duty of care?

This is usually straightforward when you were the solicitor’s client. In some situations, however, the existence of a duty may be disputed. For example:

• Beneficiaries of a will may argue that the solicitor drafting the will owed them a duty, even though they were not the client
• Casual advice from a solicitor friend at a social event may not create a legal duty of care
• A solicitor may argue that certain issues were outside the scope of their retainer and therefore outside their duty. Establishing the scope of the relationship is therefore essential.

2. Was that duty breached?

A breach occurs when the solicitor fails to act with the skill and care expected of a reasonably competent solicitor. Some errors are obvious, such as missing a court deadline, failing to register a property title or providing incorrect legal advice. Others require expert evidence and legal analysis to determine whether the solicitor’s actions fell below the expected standard.

Determining breach is often one of the most contested parts of any claim.

3. Did you suffer loss as a result of the breach?

Even if a mistake is proven, compensation will only be awarded if you can show that the error caused actual, measurable loss – usually financial loss.

Common examples include:

• A property worth less because problems weren’t discovered
• Costs incurred in litigation because of bad advice
• Money lost due to a missed deadline.

Courts award compensation to put you in the position you should have been in if the solicitor had acted competently – not to punish the solicitor. Calculating loss can involve complex issues and expert evidence.

If the answer to all three questions is “yes” (or “possibly”), then you may have a claim worth exploring further.

What should you do if you think you have a claim?

If you suspect your solicitor has been negligent, consider taking the following steps as soon as possible.

• Act quickly – limitation periods apply

  Most professional negligence claims must be issued within six years of the date the claim arose. In some cases, the time limit of three years may run from the date you first became aware of the problem. Identifying the relevant limitation period can be complicated.

  Because missing a limitation date can end your claim entirely, it’s crucial to seek advice as early as possible. If limitation is a concern, the solicitor may agree to enter into a contract to defer the limitation date to see if the dispute can be resolved without the need to issue a court claim – this is called a ‘standstill agreement’.

• Preserve all relevant documents and obtain your file

  Keep all correspondence, key documents, contracts, emails and evidence relating to the alleged negligence and your loss.

  You should also request a complete copy of the solicitor’s file. This contains their records of what work was done, the advice given and the decisions made. It will be central to assessing whether negligence occurred.

• Seek specialist independent advice

  Professional negligence is a technical area of law. Engaging a solicitor who specialises in negligence claims will help you:

  • Assess whether the previous solicitor breached their duty
  • Understand potential losses
  • Navigate the legal process
  • Explore settlement options
  • Explore options for funding your case, including whether a ‘no win, no fee’ arrangement may be appropriate.

• Follow the Pre-Action Protocol for Professional Negligence

  Before starting court proceedings, claimants are generally expected to follow the formal pre-action process set out in the court rules. This encourages early exchange of information, narrowing of issues and potential settlement.

  The steps include sending a Preliminary Notice to the solicitor (so they can notify their insurer) followed by a detailed Letter of Claim setting out the factual background, the alleged breaches and the losses claimed. The solicitor will usually respond, either admitting liability or setting out why they dispute the claim. Many claims settle during this stage.

• Consider making a complaint

  Solicitors must follow an internal complaints procedure and unresolved complaints can sometimes be escalated to the Legal Ombudsman.

  However, complaints procedures are usually most effective for service issues – not complex negligence claims involving financial loss. Seek specialist advice before deciding whether to pursue a complaint. It may not be the best way to proceed, particularly if there are concerns about the limitation period.