Solicitors - poss. misconduct/negligence question

[ReaderScars]

If there is the possibility of either misconduct or even professional negligence by a solicitor, is the first step to complain to the solicitor? Having discussed a matter with another solicitor, it was suggested that the original solicitor we discussed may have been negligent.

What is the usual course of action?

[10 Pence Short]

What were the consequences and what do you want to achieve?

[Rude-boy]

ReaderScars said:

If there is the possibility of either misconduct or even professional negligence by a solicitor, is the first step to complain to the solicitor? Having discussed a matter with another solicitor, it was suggested that the original solicitor we discussed may have been negligent.

What is the usual course of action?

If you have concerns please look back at the Client Care and/or Terms of Business papers your solicitor must, by regulation, have sent you. Follow the procedure set out in those. If the complaint or concerns raised with the person responsible for dealing with these and the Senior Partner (if not the same person) are still unresolved then client should consider contacting the Legal Ombudsman.

http://www.sra.org.uk/consumers/problems/report-so...

Edited by Rude-boy on Monday 24th March 16:41

[blueg33]

SRA

[Rude-boy]

blueg33 said:

SRA

Doors locked. No answer when you try to call. No one can seem to raise them. Fair enough.

But we have no details as to the issue. It could be a simple minor error, PII claim, or more serious.

[NugentS]

When I bought my house the Solicitor screwed up

I could describe it as negligence when in reality - she made a mistake. The mistake delayed me by about 3 months - but it wasn't a major issue and I can't say it cost me a great deal - it was just a nusiance.

When I realised what had happened I went to see the solicitor and pointed out the issue - she took the paperwork, agreed with me and dealt with the problem at no charge obviously.

My point here is that he/she may have just made a mistake and he/she should be given the opportunity to fix it before you start bandying around words like misconduct / negligence.

BTW - to me misconduct is deliberate and is serious. Negligence - that may just be a mistake - no one is perfect. So which is it here negligence (a possible mistake) or misconduct - a deliberate error of some kind

Sean

[ReaderScars]

Not happy to divulge who when, why, what, etc etc, to be honest.

In the big scheme of things (at the moment) it's not a *huge* deal - it's not a major miscarriage of justice for instance - but the outcome of acting on this solicitors advice could have important negative consequences and *could* lead to significant financial loss in the future as well as other limitations.

The solicitor knew at the time he was withholding certain information, which the client only found out about by chance at a later date, due to a reference in the solicitor's letter.

So again, is it the norm to take this up with the firm, ombudsman or other?

[ReaderScars]

Rude-boy said:

If you have concerns please look back at the Client Care and/or Terms of Business papers your solicitor must, by regulation, have sent you. Follow the procedure set out in those. If the complaint or concerns raised with the person responsible for dealing with these and the Senior Partner (if not the same person) are still unresolved then client should consider contacting the Legal Ombudsman.

http://www.sra.org.uk/consumers/problems/report-so...

Many thanks, will certainly look into and follow those procedures.

[ReaderScars]

NugentS said:

My point here is that he/she may have just made a mistake and he/she should be given the opportunity to fix it before you start bandying around words like misconduct / negligence.

BTW - to me misconduct is deliberate and is serious. Negligence - that may just be a mistake - no one is perfect. So which is it here negligence (a possible mistake) or misconduct - a deliberate error of some kind

Yes, I agree that those are pretty serious terms - however it was Solicitor 2 who used them - but I will be careful about making those allegations at this point.

Thanks for your insight.

[mybrainhurts]

NugentS said:

BTW - to me misconduct is deliberate and is serious. Negligence - that may just be a mistake - no one is perfect.

I do believe negligence behind the wheel will get you right royally screwed. Why should any other instance of negligence be different?

Not saying this is right, I've always agreed your view that it's wrong to punish mistakes with the kind of vindictive vigour our judicial system deems appropriate these days. It sometimes seems more like social revenge than punishment.

[carinaman]

mybrainhurts said:

It sometimes seems more like social revenge than punishment.

Agreed.

[ReaderScars]

mybrainhurts said:

... it's wrong to punish mistakes with the kind of vindictive vigour our judicial system deems appropriate these days. It sometimes seems more like social revenge than punishment.

I'm of the opinion which is something along the lines of, it's an underlying mechanism created a very long time ago and refined over the ages, designed to separate 'us' from 'them', keep 'us' in a state of fear of 'them' and to create an appropriate regime whereby 'they' live and 'we' exist.

[anonymous-user]

Tinfoil trousers a bit itchy again, I suppose.

[julian64]

The problem with negligence is that its a blanket legal term which isn't really fit for purpose.

It isn't fit for purpose because some industries have very little chance of a simple mistake being regarded as a negligence claim and some a very high chance of a simple mistake being regarded as a negligence claim.

It has almost lost the idea that it represents someone performing below an acceptable standard of his peers, and now simply demonstrates you are working in a high risk industry. Solicitors are certainly one of those industries.

[ReaderScars]

Breadvan72 said:

Tinfoil trousers a bit itchy again, I suppose.

It's mainly the hat - was originally the lid on a half baked idea.

Opinion, conjecture, nothing more.

[Zeeky]

julian64 said:

The problem with negligence is that its a blanket legal term which isn't really fit for purpose.

It isn't fit for purpose because some industries have very little chance of a simple mistake being regarded as a negligence claim and some a very high chance of a simple mistake being regarded as a negligence claim.

The standard of care is not uniform. This means that in some situations it is easier to be negligent than in others.

[ReaderScars]

anonymous said:

[redacted]

Holy sheet! That's all he's going to be left with...