How to tell if a solicitor has been negligent

A recent case decided by the Court of Appeal has highlighted again how important it is to establish at the very outset of a matter, whether or not a solicitor’s work has been negligent, as opposed to simply poor. Although the case involved a barrister who had been negligent as well as a firm of solicitors, the principles established in the case will apply to professional negligence claims against solicitors. 

In the matter of Dunhill v W Brook & Co, the Claimant alleged that a barrister had been negligent in advising her to settle a personal injury action on the morning of the trial. She also alleged that her solicitors were negligent for sending a trainee to the trial rather than someone more experienced and the case ended up being decided by judges in the Court of Appeal.

The Court of Appeal found the barrister had given the advice to settle on the morning of the trial, because a key witness had not turned up, which was considered to be reasonable. The Court also said that the solicitors were not negligent in sending a trainee to the trial, and so the claimant was ultimately unsuccessful.

The Court confirmed, that for a negligence claim against a solicitor to be successful, a Claimant must show that the solicitor’s advice was “blatantly wrong”.  The negligent advice, must be advice that “no competent and experienced practitioner would have given”. In this case, which may be a little surprising, the Court did not feel that the solicitors were blatantly wrong to send a trainee to deal with a trial, although some might consider it unusual to leave a trial in the hands of a trainee. 

If your solicitor has provided you with a poor service, even if you can't sue them, there is still action that you can take. You should use your solicitor's own complaints procedure to tell them why you are unhappy and what remedies you seek. If you are not satisfied with the outcome of the complaint, then you can take your case to either the Legal Ombudsman or the Solicitor's Regulation Authority. They have the power to order the solicitors to pay you small sums of compensation, in relation to poor service. 

You can of course also leave reviews of the services you received from your solicitor, on social media sites or on review sites dedicated to lawyers. This can help other people decide whether to instruct the solicitors for similar work that they did for you. 

The case of Dunhill, highlights how important it is to seek advice from experienced professional negligence lawyers if you are considering bringing a claim against a solicitor or a barrister.

At Samuels Solicitors, based in Devon, we have a long history of advising clients who have been let down by their previous solicitors, and want to bring a claim.  

Contact us for a free initial discussion about your case.