Professional Negligence Against Lawyers
Whether you are considering suing a solicitor for negligence or pursuing a claim against a barrister, our professional negligence team offers clear advice and cost-effective representation.
What is professional negligence against a lawyer?
Lawyers – whether solicitors, barristers, conveyancers, will writers or other legal professionals – are trusted by their clients, with whom they can build strong professional and even personal relationships. But no matter how experienced or well-regarded they are, mistakes can happen. When they do, the consequences can lead to significant financial harm or loss, sometimes leaving clients considering suing a solicitor for professional negligence.
Common examples of solicitor negligence
A negligent solicitor or lawyer may have:
Failed to meet a critical court or transaction deadline
Provided incorrect advice on the law, the prospects of a case or the value of a transaction
Allowed a limitation period to expire, preventing a client from pursuing a case
Drafted substandard contracts, wills or other legal documents, which contain mistakes or do not have the intended effect
Failed to carry out property searches or identify issues in a transaction
"Many people feel uncomfortable about the idea of suing their own solicitor, especially when there has been a long-standing professional relationship. But holding a legal professional to account is your right, and it is exactly what professional indemnity insurance is there for. The sooner you seek independent advice, the stronger your position is likely to be."
James Berry
Partner & Head of Commercial Dispute Resolution North
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James Berry
Partner & Head of Commercial Dispute Resolution North
Can a wrong outcome mean my lawyer was negligent?
Not necessarily. It is important to remember that a decision taken on a lawyer's advice that turns out to be wrong will not always amount to negligence. Lawyers are often judged by the outcome of a case or transaction, but a poor outcome does not automatically mean the advice given was negligent.
Will a negligent solicitor have insurance?
Lawyers will typically have professional indemnity insurance. This gives some comfort to prospective claimants that they will recover some or all their losses if their claim succeeds.
What is classed as professional negligence by a solicitor?
If you are considering suing a lawyer or solicitor, you will typically need to show four things:
A duty of care existed: Typically, your solicitor, barrister or legal professional will need to have been formally instructed to act on your behalf, whether for a property purchase, court case, will, contract or any other legal matter. However, duties of care can arise in other circumstances, for example, where a duty of care is assumed
That duty was breached: The advice or service you received fell below the standard you'd expect from a reasonably competent lawyer (although this standard can vary, for example, if law firm held themselves out as being a leading law firm, or if a barrister, is Kings Counsel)
The breach caused you loss: As a result of their negligence, you suffered financial harm
That the loss was foreseeable: The financial harm suffered was a predictable consequence of the negligent act
Can I sue a solicitor, barrister or law firm for professional negligence?
Yes. You can bring a negligence claim against a solicitor or any legal professional if they breached their duty of care and caused you loss.
Legal professional | When a claim might apply |
Solicitors | They gave you incorrect advice, missed a deadline, mishandled a transaction, made a mistake in drafting documents or failed to act in your best interests. |
Barristers | Their advice, drafting or representation in court fell short and led to a worse outcome than you should have received. |
Conveyancers | They failed to identify title defects, missed issues in property searches, did not advise of the risks of proceeding or made errors during completion that caused you financial loss. |
Will writers / Probate solicitors | They made errors in drafting a will (leading to unintended tax payments or beneficiaries losing out), failed to ensure proper execution resulting in a will becoming invalid, failed to prepare a will in time before death or made mistakes during an estate administration. |
How do I progress a claim for professional negligence against a lawyer?
Suing a lawyer can feel daunting, but we make the process as straightforward as possible.
Here is what to expect:
Contact us to discuss your specific circumstances. We will listen to your situation and help you understand whether you have a potential claim.
If instructed by you, our team will review the details of your case, including any documents or evidence you have and advise you on the strength of your claim and identify a suitable funding arrangement to pursue it.
If we believe you have a valid claim, we will follow the required pre-action protocol. This usually involves sending a formal letter to the lawyer or their insurer, outlining the details of your claim.
Most claims against a solicitor or barrister through negotiation or mediation, without the need to go to court. We will handle all discussions on your behalf to seek the best possible settlement.
If a settlement can't be reached, we will guide you through the court process and represent you every step of the way.
Cases of suing lawyers
Suing a leading national firm of solicitors for negligent handling of a share purchase agreement transaction, resulting in the client being exposed to significant indemnity liability under that agreement; the matter, valued at £10 million, was settled shortly before trial.
Suing a firm of solicitors for failing to advise a developer client on the wording of a restriction on land which limited how the site could be developed; a settlement was agreed pre-action, with the client required to redesign the development and renegotiate terms with the adjacent landowner, in a matter valued at approximately £500,000.
Suing a firm of solicitors for providing negligent advice regarding the effect of restrictive covenants in an employment contract, in a high-profile High Court case valued at an initial £40 million; whilst the claimants succeeded on breach of duty, the claim ultimately failed at trial on causation and damages.
Acting for an architects practice in bringing a professional negligence claim against a firm of solicitors for their failure to properly document a break clause in a commercial lease.
Suing a firm of solicitors for professional negligence arising from their failure to secure formal title to a driveway and a significant part of the garden when acting on the purchase of a residential property on behalf of a private individual.
Acting for administrators of a building society in reviewing their loan book, identifying instances of solicitor negligence, and subsequently pursuing recovery actions against solicitors across multiple jurisdictions.
Acting for the liquidator of a football club in a claim against administrators for the negligent conduct of an administration process, to the detriment of creditors.
Suing a firm of solicitors for professional negligence and misconduct arising from their failure to properly identify or take instructions from all owners of a property valued at approximately £2 million prior to its sale; the matter forms part of a wider ongoing trusts dispute.
Suing a firm of solicitors for allowing limitation periods to expire in relation to underlying negligence claims against a former firm of solicitors, which had in turn failed to properly advise a trust on claims against Lloyds insurers; a mediated settlement was achieved at a second mediation.
Acted for a client suing a national law firm and a King's Counsel for negligent handling of court proceedings, securing a significant settlement.
Represented a lender bank in High Court litigation involving alleged mortgage fraud on a Mayfair property, with substantial claims against the solicitors and surveyors involved. The case was settled on favourable terms before trial.
Professional negligence against lawyers: FAQs
In most cases, you have six years from the date the negligence occurred. But, if you only became aware of the issue later, the time limit may run from the date you discovered it. Either way, acting sooner rather than later puts you in the strongest position and so it is worth getting advice early.
Costs vary depending on the complexity of your case. You might have legal expenses insurance which can help you finance the claim, or we might be able to offer you a discounted conditional fee agreement (whereby you pay our rates at a discounted level in return for a success fee if we represent you successfully).
We'll be upfront about fees from the outset and talk you through the funding options available, so you can make an informed decision before committing to anything.
If a professional owes a duty of care to a person, it does not matter if they have not been paid or if they were acting at a discounted rate or even free of charge. However, the professional may have some arguments as to the scope of their duty or agreement with you in such a situation.
Generally, the court will try and put a claimant in the position they would have been but for the professional’s negligence, i.e. to compensate the claimant for the loss it has actually suffered. The amount of money you recover will therefore depend on the loss or potential loss suffered you have suffered.
As an example, if you successfully sue a solicitor or barrister who negligently caused you to lose a court case, the judge will typically consider (on a high level basis) what the prospects of success of your court case were as a percentage and then award you that percentage of the value of the court case in damages. For example, if you had a £1m claim that a judge agrees a solicitor or barrister negligently caused you to lose, and the judge decided your case had 50% prospects of success, they judge may award you £500,000.
Why choose us when suing a lawyer?
Our dispute resolution team has extensive experience of handling professional negligence claims on behalf of individuals and businesses, giving us deep insight into how these claims are pursued and resolved. Here's why our clients trust us:
A full-service law firm with over 1,300 lawyers operating from 12 UK offices
We are proud recipients of industry accolades and listed in The Times Best Law Firms 2026
Our dispute resolution team is ranked in The Legal 500 and Chambers & Partners, with a strong track record in claims against solicitors, barristers and law firms
As a full-service firm, we can call on specialists across property, corporate, employment and other practice areas when your case demands it
We are upfront about costs and timelines from the outset, so you can make informed decisions at every stage
We're regulated by the Solicitors Regulation Authority in England and Wales and the Law Society of Scotland, so you know your claim is in trusted hands
Contact us today to discuss your claim with a specialist near you, whether that's face-to-face, over the phone on 0330 100 1014 or via video call.
Our accreditations
Our professional negligence team is recognised in leading legal directories, reflecting our commitment to delivering exceptional results for our clients.
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Meet our team
Sarah Foster
Oxford Office Managing Partner & Divisional Head of Private Client Services
James Berry
Partner & Head of Commercial Dispute Resolution North
Richard Coates
Partner & National Head of Automotive
Mark Keeley
Partner – National Head of Private Client Dispute Resolution
Andrew Dashwood-Begg
Managing Associate
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