At some time in our lives, we may need to turn to a solicitor for help. Having practised as a solicitor for more than 40 years, I firmly believe that in the vast majority of cases, clients receive a first class service from a profession which prides itself on its integrity.

However, from time to time, the quality of service can fall far short of what we would consider an acceptable standard. In such cases, a client may have a genuine claim for professional negligence against their solicitor.

In determining whether someone has a claim for professional negligence, the broad test is whether the mistake is one which no reasonably competent professional should have made and whether it has caused the client any disadvantage or financial loss.

There are a number of different ways in which a solicitor may be deemed to have been professionally negligent. These include missing deadlines, provision of inadequate or incorrect legal advice or perhaps negligently drafted documents.

Solicitor negligence claims can also occur in many everyday situations including family, personal injury, conveyancing, wills and estates, commercial and civil disputes.

The civil litigation team at Kirwans is vastly experienced in acting for clients who believe they have a claim for professional negligence against a solicitor. We begin by discussing with you the merits of your potential action and, should you decide to proceed, we will actively seek to reach an appropriate settlement without the need to go through the courts.

There are a number of different ways to fund your claim including private paying or, in appropriate cases, via a conditional fee arrangement (CFA), otherwise known as “no win, no fee”. Providing you are eligible financially, legal aid may also be available.

We often turn to solicitors for help in our hour of need, making it particularly painful and distressing when they let you down. As in any other profession, it is important for the integrity of our industry that solicitors are held to account when they have acted negligently.

It also goes without saying that in order to ensure the best possible success – and to minimize the distress of taking such action – that you find a solicitor with the best possible experience to represent and pursue your interests.