Solicitors are trusted with some of the most important matters in their clients’ lives — property purchases, divorce settlements, criminal defence, business contracts, and compensation claims. When a solicitor’s advice or conduct falls below the standard required by law and causes their client financial loss, that client has the right to bring a professional negligence claim. This guide explains specifically how solicitor negligence works, the most common situations in which it arises, and what you can recover.
Our solicitors in Bolton advise on professional negligence claims including solicitor negligence, and can give you an honest assessment of whether the advice you received fell below the required standard.
What Standard Are Solicitors Held To?
Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA) and are required to provide services to the standard of a reasonably competent solicitor. This is an objective standard — not the best possible advice, but the advice that a competent practitioner with the same level of expertise would have given in the same circumstances.
A solicitor who gives advice that falls within the range of what a competent practitioner could reasonably have given is not negligent, even if that advice later turns out to have been suboptimal. However, a solicitor who gives advice that no competent solicitor would have given — or who fails to do something that any competent solicitor would have done — has breached the duty of care they owe to their client.
The Most Common Types of Solicitor Negligence
Missed Limitation Deadlines
This is one of the most clear-cut forms of solicitor negligence. Every legal claim is subject to a time limit — a limitation period — after which the right to sue is permanently lost. A solicitor who fails to issue a claim, or fails to advise their client of the limitation deadline, before that period expires causes their client to lose their entire claim.
Where this happens, the client’s remedy is a professional negligence claim against the solicitor for the value of the lost claim. In effect, you sue the solicitor for what you would have recovered had the original claim been brought in time.
Negligent Conveyancing
Property transactions are one of the most common areas of solicitor negligence. Examples include:
- Failing to carry out or properly review local authority searches, drainage searches, or environmental searches that would have revealed issues affecting the property
- Failing to identify defects in the seller’s title to the property
- Failing to advise on restrictive covenants, easements, or planning restrictions that affect the use of the property
- Errors in the transfer documentation that result in the property not being properly registered in the buyer’s name
- Failing to report to the client on issues identified in searches or enquiries
Negligent Advice on Settlement
Solicitors regularly advise clients on whether to accept settlement offers in litigation, employment disputes, and personal injury cases. Where a solicitor advises a client to accept an offer that is significantly below what could have been achieved at trial — or conversely, advises a client to reject a reasonable offer leading to an adverse costs order — this can constitute negligence.
Negligent Advice in Criminal Proceedings
Poor legal advice in criminal cases can have devastating consequences. Where a solicitor advises a client to plead guilty to an offence when a not guilty defence was available and had reasonable prospects of success, the conviction and sentence that follows is a direct result of that negligent advice. Claims in this context are complex because they typically also involve challenging the criminal conviction, but they are not impossible.
Wills, Trusts and Probate
Negligence in this area can affect beneficiaries as well as clients. Common examples include:
- Drafting a will that fails to give effect to the testator’s clear intentions
- Failing to ensure a will is properly signed and witnessed, rendering it invalid
- Negligent advice on the tax implications of an estate, resulting in an unnecessary inheritance tax liability
- Delays in administering an estate causing financial loss to the beneficiaries
Employment Law Advice
Employment solicitors advise on settlement agreements, unfair dismissal claims, redundancy, and discrimination. Where negligent advice causes a client to sign away rights they should have retained, miss an employment tribunal deadline, or accept an inadequate settlement, a professional negligence claim may arise.
What Can You Recover?
The aim of a professional negligence claim is to put you in the financial position you would have been in had the negligence not occurred. Depending on the type of negligence, this can include:
- The value of a legal claim lost through a missed deadline
- The difference in the value of a property caused by an undisclosed issue
- The amount of a settlement that should have been achieved but was not
- Additional legal costs incurred in remedying the effects of the negligence
- Losses flowing from the consequences of negligent criminal advice
What Should You Do If You Think Your Solicitor Was Negligent?
The first step is to gather all the documentation you have relating to the original matter — correspondence, advice letters, court documents, and any other relevant papers. Do not contact your original solicitor to raise the issue directly before speaking to a specialist — anything you say or write may become relevant later.
Then seek a specialist legal opinion. Our professional negligence solicitors will review the material, give you an honest assessment of whether there is a viable claim, and advise on the next steps.
Remember that time limits apply — in most cases you have six years from the date of the negligent act, or three years from when you discovered it, whichever is later. Do not delay.
How Hi Solicitors Can Help
Our team has the experience to assess solicitor negligence claims across all practice areas — from conveyancing and litigation to criminal defence and employment law. We will give you a frank assessment of your prospects, manage the pre-action protocol process, and pursue your claim as efficiently as possible.
Call 01204 371 414 for a free initial consultation with our solicitors in Bolton. We are here to help.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: How do I know if my solicitor was negligent?
The clearest indicators are: a significant negative outcome that your solicitor failed to warn you about, advice that other solicitors have told you was wrong, a missed deadline that caused you to lose a right, or a property transaction in which issues emerged that a proper search or investigation should have identified. If in doubt, seek a second opinion from a specialist professional negligence solicitor.
Q: Can I complain to the SRA instead of suing?
You can complain to the Legal Ombudsman (LeO) about poor service by a solicitor — this is the appropriate route for complaints about service quality and can result in compensation of up to £50,000. For losses that exceed this or where the negligence was more serious, a civil professional negligence claim is the appropriate route. The two are separate — making a complaint does not prevent you from also bringing a civil claim.
Q: What if my solicitor has closed down or retired?
All solicitors are required to hold professional indemnity insurance, and that insurance must cover claims made after the firm has closed — known as run-off cover. If a firm has closed, claims can still be made against the firm’s insurers. The SRA maintains records of closed firms and their insurers. Your professional negligence solicitor can advise on how to pursue a claim in these circumstances.
Q: What is the Legal Ombudsman?
The Legal Ombudsman is an independent body that handles complaints about the service provided by legal professionals, including solicitors, barristers, and licensed conveyancers. It can award compensation of up to £50,000 and order the solicitor to remedy the poor service. It is the first port of call for service complaints but is separate from a civil negligence claim for larger losses.
Q: Can I bring a claim if I no longer have all the original paperwork?
You can still bring a claim but your solicitor will need to obtain the original file, which your previous solicitor is obliged to provide. Subject Access Requests under data protection legislation can also be used to obtain records. Missing documentation makes a claim more complex but does not necessarily prevent it.