Professional negligence can occur in a number of sectors – from healthcare to accountancy. You can go to a solicitor for advice on your negligence case and for them to assess whether you have a strong claim to make. However, solicitors can also be negligent, and it can have catastrophic consequences across the justice system.
So, what exactly is negligence?
Professional negligence is when a professional fails to carry out their duties to the required standard. They may not provide reasonable care to the client or their claim, resulting in a weak case and poor legal advice.
When you hire someone for their professional services, you expect to receive reasonable care and expertise. Reasonable care is defined as “the degree of caution and concern for the safety of the self and others an ordinarily prudent or rational person would use in the same circumstances.”
Foreseeability and multifactor tests are used to assess whether the solicitor provided reasonable care. Foreseeability tests look at whether the professional could have predicted how their actions inflicted the client. Multifactor tests determine the professional’s duty of care, such as whether they could have taken a different course of action.
Professional negligence cases are far from simple and require a lot of evidence and examination. Here are some of the mistakes a solicitor could make, resulting in a negligence case.
Mistakes in administration
The solicitor may have made a mistake when drafting up a legal document. They could have used the wrong terminology, statistics or information in the document. For example, if a solicitor makes a mistake in a will, people could miss out on what they are entitled to.
Missing deadlines
They are time limits and deadlines on legal proceedings. A solicitor can get in a lot of trouble if they miss a court date for their client and lose the chance to make a claim. Under the 1980 Limitation Act, civil claims must be served with six years of the incident and personal injury claims within three years of the injury. Solicitors must stay on top of their deadlines and keep the case moving.
Failure to conduct a proper investigation
Solicitors must evaluate all of the evidence and information at their disposal. Failing to conduct a proper investigation often happens in divorce cases. Unfair settlements can leave a client with an unfair deal.
A solicitor should be reliable, level-headed and trustworthy.
