Solicitor Negligence Claims Solicitors
A solicitor who misses a limitation date, gives negligent litigation advice, or botches a conveyancing transaction has breached the duty of care they owe their client — and the client is entitled to recover the financial loss that breach caused.
Solicitors owe their clients a duty of care in contract and in tort — to exercise the skill and care of a reasonably competent solicitor in the advice and services they provide. Where a solicitor's negligence causes financial loss (a claim that could have been won is struck out; a property transaction completes with an undisclosed defect; a business deal is executed on negligent legal advice), the client can bring a professional negligence claim against the solicitor — and in practice against their professional indemnity insurer. A solicitor specialising in professional negligence claims will assess the merits, obtain expert evidence, and manage the claim to the best possible outcome.
Solicitor Negligence — Common Types of Claim
Solicitor negligence — the most common types of claim, the standard of care required, and what compensation is recoverable.
Every solicitor owes their client a duty to exercise the skill and care of a reasonably competent solicitor. Where that duty is breached and the client suffers financial loss as a direct result, a professional negligence claim lies — against the solicitor personally and against their firm's professional indemnity insurers.
Missed limitation dates — the "lost cause of action" claim
Missing a limitation date is one of the most serious errors a solicitor can make — and one of the most common subjects of professional negligence claims. Where a solicitor fails to issue proceedings before the limitation period expires, the client's claim is time-barred and cannot be pursued. The client then brings a "loss of a chance" professional negligence claim against the solicitor — arguing that but for the solicitor's failure to issue proceedings in time, the client would have recovered damages in the underlying action. The measure of damages is typically the amount the client would have recovered in the lost action, discounted by the probability of success. A solicitor will assess the merits of the underlying claim, obtain expert evidence, and pursue the professional negligence claim for the full measure of the client's loss.
Negligent conveyancing — failures in property transactions
Conveyancing negligence encompasses: failure to carry out adequate title searches (missing a charging order, a right of way, or an easement); failure to advise on the results of searches (missing an environmental search result showing contaminated land); failure to advise on defects in title; negligent handling of the exchange of contracts or completion; failure to register the title at HM Land Registry; and failure to advise on lease terms (short lease, onerous service charges, ground rent review provisions). Where the negligent conveyancing causes financial loss — the client buys a property they would not otherwise have bought, or buys at an inflated price relative to the disclosed value — the client can recover the difference between the price paid and the true value of the property, together with any consequential losses.
Negligent litigation advice — settling for too little or failing to advise on risk
A solicitor advising a client in litigation owes a duty to give advice on the merits and the litigation risks throughout the case — including on any settlement offer received. Where a solicitor gives negligent advice about the merits of the case (overstating or understating the prospects of success) or about a settlement offer (advising acceptance of an inadequate offer when the full-value claim should have been pursued) and the client suffers loss as a result, a professional negligence claim lies. The client can recover the difference between the settlement amount accepted and the true value of the claim — assessed against what a competent solicitor would have advised the client could reasonably have been expected to recover at trial.
Negligent corporate and commercial advice — business transaction failures
Corporate solicitors owe the same duty of care to business clients — to exercise the skill and care of a reasonably competent commercial solicitor in the advice and services they provide. Common failures include: negligent drafting of commercial contracts (leaving the client unprotected against a specific risk that then materialises); failure to advise on material terms of a commercial agreement; negligent advice on a corporate acquisition (failing to identify a significant liability of the target company); and negligent advice on employment law compliance (leading to tribunal liability). The measure of damages in commercial negligence claims is typically the financial loss flowing from the advice that a competent solicitor would not have given.
Negligent will drafting and estate administration
Where a solicitor drafts a will negligently — failing to implement the testator's instructions, drafting provisions that are legally ineffective, or failing to advise on the consequences of the proposed gifts — the intended beneficiaries can bring a professional negligence claim against the solicitor. The disappointed beneficiary's claim is a narrow but well-established exception to the usual rule that only the client has a cause of action — where the solicitor was engaged to confer a benefit on a specific third party (the beneficiary), that third party can sue the solicitor. Similar claims arise where the solicitor has negligently administered an estate — failing to pay legacies correctly, distributing assets without satisfying estate liabilities, or missing inheritance tax planning opportunities.
Making a complaint — SRA, Legal Ombudsman, and civil claim
Where a client is dissatisfied with a solicitor's service, three routes are available: a formal complaint to the firm (which must be addressed within 8 weeks); a complaint to the Legal Ombudsman (where the firm's response is inadequate) — the Ombudsman can award up to £50,000 in compensation; and a civil professional negligence claim where the loss exceeds the Ombudsman's jurisdiction or where the client wants to recover from the firm's indemnity insurer. Regulatory misconduct (dishonesty, misuse of client funds) can also be reported to the Solicitors Regulation Authority — though the SRA's role is regulatory, not compensatory. A solicitor will advise on which route (or combination of routes) provides the best remedy for the client's specific situation.