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Professional negligence claims
It is an unfortunate fact of life that some professionals, including solicitors, are negligent. And even the most experienced professionals are capable of making mistakes. The consequences to their clients can be disastrous.
Many solicitors feel uncomfortable about suing other professionals, especially fellow solicitors. We have no such reluctance. We firmly believe that the profession must not close ranks when things go wrong.
We follow the professional negligence pre-action protocol , which aims to achieve settlement of claims without the need for expensive and risky court proceedings. This can be achieved, for instance, through alternative methods of dispute resolution such as mediation.
Our approach in professional negligence claims is, as in other litigation, to be courteous but firm. We don't stoop to trading insults but neither do we pull any punches. It is often in the client's best interests to achieve a settlement before court proceedings are commenced, but, if proceedings are necessary, we will pursue them with determination.
Alternative dispute resolution
The court will expect both parties to show that alternatives to litigation, such as mediation or arbitration, were considered. Baehrs will be happy to explain all the available options to you.
If you believe that you have been the victim of professional negligence call 01202 292075 for a confidential chat with Eric Baehr.
We hope the following Article will be of interest:
- What to do if your solicitor is negligent
>> pre-action protocols for professional negligence
Inadequate Professional Service
Sometimes solicitors provide a poor service such as failure to give adequate information, delay or excessive charges which do not give rise to an action for damages for professional negligence but could entitle the client to claim compensation.
Since 6th October 2011 solicitors and other persons providing legal professional services have been regulated by the Solicitor’s Regulation Authority’s Code of Conduct. This code focuses on the outcome for the client so, even if you do not have a claim for damages for negligence, you may be entitled to substantial compensation for poor service and, in some circumstances, a substantial reduction in your solicitor’s charges – which could involve a refund.
We have a link to the Solicitor’s Regulation Authority’s website from which you can obtain further information. Please visit our Links page. A claim for compensation for inadequate professional services should be to the Legal Ombudsman. Please see our Links page for a link to the appropriate website.
We can advise and assist in the making of a claim for compensation for inadequate professional services although it is rare for the costs of such representation to be awarded against the solicitors concerned.
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