Common Types Of Legal Negligence And What To Do About Them
As we must all acknowledge the English legal system irrelevant of how complicated this can be and the challenges that it puts before us. This is why if you believe you have a potential professional negligence claim, then you should seek advice from a professional negligence lawyer.
Solicitors offer an increasingly wide range of services to their clients including handling the buying or selling of a property or indeed a business, preparing a will, administering contracts of employment, handling a relationship breakup etc. Whilst it does seem that a wider range of services is very convinient it does mean that it more likely that a mistake might be made, this is particularly the case where the area of law is outside of what the solicitor normally practices in. The law becomes ever more complex with each new set of reforms and so the chances of negligence increase year on year.
It is not uncommon for reputable solicitors to make avoidable mistakes that result in a loss to us, their clients. If a duty of care is breached and loss results then you may be entitled to compensation.
Some of the common causes of upheld legal negligence claims are:
- Failure to ensure that is will is properly signed and witnessed.
- Missing court hearings
- Failure to notify clients of the true right of way over a property.
- Failing to identify competition uses when companies merge.
- Failure to advise on the availability of ATE (after the event) insurance.
- Lack of preparation when solving your dispute about a contract of employment.
- Not ensuring appropriate warranties and indemnities are imposed.
- Failure to advise or comply with deadlines such as those imposed in the case of personal injury claims.
- Failing to identify and specify appropriate email and internet terms of usage.
Of course pursuing a claim against a solicitor for legal negligence is something that many people are understandably reluctant to pursue. Legal negligence can be difficult to spot espicially when a lack of understanding is present. Also if it is your own lawyer who you are unhappy with, where do you go for advice? And even if you do decide that a claim is a possibility how much will it cost you and is it really worth it?
Thankfully there are an increasing number of Lawyers who specialise in the field of the professional negligence claim and who will very often offer an initial free consultation where the validity of your claim and the likelihood of raising a successful claim will be assessed. When the negligence solicitors in question believe that, one the balance of probabilities that you will win your case they often offer a conditional fee agreement (no-win no-fee).
Will my legal claim for negligence have to appear in court?
Most professional negligence claim lawyers will seek to negotiate a settlement with the other side in the first instance rather than go to court. In summary, lawyers can and do make occasionally mistakes. Where that mistake breaches the duty of care they have to you the client and results in a significant loss you have the right to make a claim for legal negligence. For an accurate assessment of your case and its chances of success always contact a specialist professional negligence claim solicitor as soon as you suspect there has been a problem.
About the Author
Tim Bishop is senior partner at Bonallack & Bishop, a firm of professional negligence claim solicitors (http://professional-negligence-claim.co.uk ) specialising in advising upon legal negligence claims. He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.
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