On many occasions, we find ourselves, struggling to find professional advice in financial, legal, and technical cases. Sometimes, the problems are so acute that if we’re given the right direction, we can really find ourselves in a comfortable position.
Unfortunately, if you fall into the hands of unexperience professionals, you may lose both time and money. Poor advice leads to misapprehensions, also called as professional negligence in legal terms, which is very common in this industry.
We often mistake solicitors’ negligence as mistakes of law, due to inadequate internal procedures followed by your legal adviser. Some of the most common mistakes are caused because of manually keeping records, failure in updating diary systems, lack of supervision from junior staff or comprehending wrong instructions from the client (s).
The nature of this industry demands being overly precautious with every move you make, mistakes can have severe consequences which can result in finalcial losses as well.
To make sure you never find yourself as a victim of solicitor’s negligence, we have a few areas that you can always be careful while representing a legal case:
Responsibility towards the clients & the beneficiary
Every solicitor is expected to understand his/her responsibilities toward their clients. Since they are your legal representatives, they will be liable for every decision of your legal matter. You are only required to let your legal representative know the case in and out.
In the same light, you and your legal adviser should be on the same page for every decision there will be, concerning your case. They must also warn you of the consequences that will be followed if you don’t follow their advice.
Follow the common law practice
The solicitor cannot blindly follow his/her client in terms of instructions. The concerned solicitor must bring his/her expertise to the situation while following up the client’s instructions.
In the same line, the client should listen to the chosen solicitor and have the benefit of his/her expert knowledge. The solicitor, in turn, should try to achieve what the client wants, just not blindly follow the instructions.
Responsibility towards elderly or infirm clients
It is the moral responsibility of a solicitor to protect the rights of elders or their sick clients against the undue influence of family and in-laws. Extra care is needed when the solicitor has to protect the client against their emotions and affections towards their partner, family, and in-laws.
Having said that, a solicitor should have a back-up of medical advice to make sure that the client understands the situation and know what documents s/he is signing.
Special skills to deal with the case
If solicitors know their particular field of expertise, they can easily get access to the different cases in the courtroom. An extra set of special skills calls for higher responsibilities to make sure the clients get what they deserve.
However, if your case is taken over by an expert solicitor and delegated to a junior employee, it is important to make sure that your legal adviser handles all the actions of the employee.
Conveyancing of property between two parties
A solicitor should keep the client informed right through any transaction and protect them from arising problems. In the case of property, a property solicitor may owe a duty to the buyer in some instances, specifically in replies to any queries raised.
Buying a property, for instance, usually requires an engineer to take a look at the property to make sure everything is structurally right and is true as stated by the owner. If your solicitor has failed to carry out this procedure, the responsiblity of any discrepancy will be borne by him.
The client, during the case, needs to remember that there will be no purchase or sale until both parties have signed the contracts and sent back to the purchaser’s solicitor. For this reason, the property that is proposed to be purchased by the client must be inspected by an engineer.
Certifications require drafting, signing, and witnessing
A solicitor is liable to carry out the terms of a will. Intended beneficiaries are more vulnerable to suffering losses if the solicitor fails to carry out the right responsibilities while signing the will.
If, however, the will is not prepared and witnessed correctly, a solicitor is liable to take the will under his/her jurisdiction. In this case, the level of loss or benefit will determine the level of compensation. Other times, if someone is already entitled under a previous will, that person can’t force the solicitor to prepare a new will on new instructions.
No delay is allowed between drafting, signing and witnessing. Therefore, if a will is drafted and left unsigned and intended beneficiaries suffer a loss, a solicitor is responsible by law. However, a solicitor is lawfully allowed a reasonable time to prepare his case. For the safer side, a will should be signed just after drafting. The best course of action is to re-do the will in one document.
Solicitors deal with the case and settle that on the best terms. These solicitors must counsel all the information provided by the client.
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