Negligence letter to a Solicitor 's firm

user1977

Thrugelmir said:

Consult another solicitor for proper advice. Accusation of neligence is a serious matter and you need to be carefull not to be defamatory. 

It's only defamatory if you tell a third party about it - there's nothing actionable about wrongly accusing someone of professional negligence.

Safeera

Section62 said:

Safeera said:

I need some help to write to a Solicitor's firm for their negligence in handling my litigation case against a builder. Can you please help me 

Did you win the case with the builder?

From your list of issues it sounds like the solicitor recommended a negotiatied settlement?

Yes I did win my case, I had to appoint another Solicitor.

Section62

Safeera said:

Section62 said:

Safeera said:

I need some help to write to a Solicitor's firm for their negligence in handling my litigation case against a builder. Can you please help me 

Did you win the case with the builder?

From your list of issues it sounds like the solicitor recommended a negotiatied settlement?

Yes I did win my case, I had to appoint another Solicitor.

Ok, in which case, what are your financial losses?  The solicitor recommended a course of action, you disagreed, you changed solicitor, you won.

Different solicitors will have differing views on the merits of a case and the best resolution.  That isn't necessarily 'negligence', most of the time it is just professional judgement.

If you haven't already, it might be worth talking to the second solicitor about the work done by the first - they more than anybody will have insight to the issues involved and the quality of the work done.  Bear in mind that even if you were unhappy with the solicitor's handling of the case towards the end, that doesn't necessarily mean they should refund you for the initial work.

Safeera

saajan_12 said:

Start from the start..
You contracted with a builder to do xyz. What did they get wrong? 
You then engaged a solicitor to represent you in your case against the builder. What was your claim?
How was it concluded - you reached a settlement with the builder, negotiated by the solicitor? Or went to court? or ..?

Safeera said:

• Failing to provide correct legal advice which has led to personal and financial losses. - so do you have another solicitor giving opposing advice, in writing? Can you quantify your losses?

• Professional Negligence - vague

• Failing to fully investigate or properly evidence the claim: - so what specifically could have been found but was missed? 

• Repeated lack of understanding of the case - what did they focus on and what should they have focussed on, specifcally?

• Poor performance of taking instructions - okay, so do you have evidence of a specific instructing them to do x and then their refusal or your chasers because they didn't do x?

• Poor performance of litigation matters, not robust at times when it was needed - that's a complaint, not really a financial claim. 

• Overpriced for the work that was instructed  - irrelevant, you agreed to pay or could have instructed them to stop and gone elsewhere. 

• The duty of care, moral or legal obligation to ensure the safety or well being of myself and my case - vague. This isn't a human rights case.  

• I suffered financial loss at the hands of a professional who has failed to act within professional standards?  - repetitive and vague

• Under-settling a claim or missing out important items or categories of damages/losses from my claim - did they enter into a binding agree something on your behalf with the builder which was contrary to your instructions? If not, you could have refused and said they no longer represent you. 

• Acting against my instructions causing me loss of opportunity instructing appropriate experts - repetitive 

• Not properly investigating the evidence provided - repetitive

• Consequences that resulted from the issues have caused me immense emotional and mental stress - irrelevant

• I am not satisfied with the action that was taken by ..............- vague

• ............. was negligent in many ways; and due to his negligence I would have not won my case. - you 'would' not.. so you didwin? So whats the problem? 

• Professional legal advice should have been applied with 'reasonable skill and care' when readdressing my case. - vague and repetitive

• Inadequate advice was provided at the time of Particular of Claim to include compensation, which I had mentioned numerous time by phone calls and in emails. - okay, so were you unable to submit this later? What are your actual damages as a result? 

• Not taking instructions seriously to claim compensation for health issues caused by the impact of these legal matters. For ........ it was never the right time? - it sounds like a civil case, so the stress / health issues arising from the legal battle are indeed irrelevant. Never is the right time to unload this onto your solicitor, that's a matter for your therapist / doctor (as opposed to from physical hazards if a building fell on your head) , 

• NEGATIVE ATTITUDE caused a lot of anxiety. - irrelevant

• ........... always needed prompting to pursue certain matters eg, ADR, Mediation, Calder Bank and Part 36  Offers and regards to the D’s bank accounts statements - so a complaint, not a legal claim

Comments on your specific points in line. First step is to condense / remove all the vague and repeated points. For the others, I've mentioned where you need specific examples or details to even begin to infer whether its a valid claim and draft something that'll get any attention. 

These generally fall into 2 cattegories:
A) Complaint on the quality of service eg slow / unprofessional. You don't actually have a right to great service contractually, but you can complain. The recourse there is a letter to their complaints department, hope for a goodwill gesture and don't recommend them to your friends.

Actual damages due to failures to live up to your contract. This needs a lot more, specific evidence on exactly what they did do and should have done, as well as your actual damages as a result. Possible recourse is then a letter before action and a court claim. But you're a loong way off from that level of evidence and the sentences above. 

Thank you for your help and  feedback, most appreciated. I will try and work on the points you mentioned.