When a solicitor is hired, client puts so much faith and trust in him. Of course, these professionals are expected to guide people in need satisfactorily. A favorable outcome is assumed here. However, legal issues can really be complicated in nature. Disputes may not be as easy as they sound like. This is why there are times when solicitor negligence. This is when a solicitor becomes neglectful or incompetent. The individual may be freed from devastation in this manner. With this, there are special regulations and rules that can be expected. These are all going to govern actions that have to be taken so that claims can be made against the poor practice of the solicitor.
A Closer Look at Solicitors
Solicitors are expected to have some sort of indemnity insurance policy. This is meant to be taken out. This will ensure that all the costs will be covered just in case harm is done to a client. There are just necessary procedures that have to be followed here. Afterwards, the person may be entitled for a compensation claim if proven true from a solicitor. This is feasible. The law allows this. Enough evidence only needs to be presented though.
The time when a person did not receive the right legal advice from a solicitor, he is already subject to receiving compensation in redress. The affected party can actually claim L15, 000 as the maximum amount intended for unsatisfactory or poor professional service. Reduction fees may be ordered though. To earn a compensation from a poor service complaint would feature lesser amount of financial risks. This is the idea as compared to a professional negligence claim which is in conjuncture to poor service claims which may reach the approximate loss of L5, 000.
Prior to pursuing this, it is vital to have a full understanding of misconduct and negligence. These are not the same. Way back in September 1999, the introduction of a mandatory prerequisite was done. It is stipulated there that all advices should be delivered and reflected in writing. If this is not done accordingly, breach of professional conduct regulations may be filed against the professional. This comes with an imposed penalty.
When it comes to filing a claim, it is stated by the law that court proceedings have to be issued first and it needs to transpire for a particular period of time. There are time limits observed in negligence claim. For whatever it is worth, a claim should not be delayed. Claims may expire too. This typically occurs. This is why the claim should be filed within six years of the negligence. The date starts the moment suffered or negligence has been practiced.
There are cases when extension is also provided. This is given to claimants who were not fully much aware of the professional adviser’s negligence. This may be for a maximum of three years from the discovery date. There are also extreme cases. If the truth was concealed from the claimant, a period of six years may still be further assigned.