Professional negligence.

Professional Negligence

When professional advice goes wrong

When you instruct a professional, you are entitled to expect that they will carry out their work with reasonable care and skill. Whether you are relying on legal, financial, surveying or other professional advice, mistakes can sometimes have significant financial and practical consequences.

Not every error made by a professional amounts to professional negligence. However, where concerns arise about the standard of professional services received, obtaining legal advice can help you understand your rights and the options available.

At Jefferson Clarke Solicitors, we advise individuals and businesses on professional negligence disputes. We take the time to understand the circumstances of your matter, assess the available evidence and provide practical legal advice tailored to your individual situation.

Whether you believe you have suffered financial loss as a result of professional advice or are seeking guidance on your legal position, we are here to help.

What Is Professional Negligence?

How a claim is assessed

Professional negligence may arise where a professional fails to exercise the level of care and skill that is reasonably expected when providing professional services. Every profession is subject to its own standards and obligations, and every case depends on its individual facts.

To assess whether a professional negligence claim may exist, it is usually necessary to consider:

• The nature of the professional relationship.
• The work the professional agreed to undertake.
• The standard of the services provided.
• Whether any financial loss or other damage has resulted.

Obtaining legal advice at an early stage can help clarify these issues.

When to Seek Advice

When it may be sensible to obtain advice

It may be sensible to obtain legal advice where you believe:

• Professional advice was incorrect.
• Important information was overlooked.
• Work was not carried out to an appropriate standard.
• Deadlines were missed.
• You have suffered financial loss.
• You are uncertain whether the professional met their legal obligations.

Seeking advice early can help preserve evidence and clarify your legal position.

Before Taking Legal Action

Information that often helps

Before formal legal action is considered, it is helpful to gather relevant information, including:

• Letters of engagement.
• Contracts or retainer agreements.
• Emails and correspondence.
• Reports or advice received.
• Invoices.
• Notes of meetings or conversations.
• Documents demonstrating any financial loss.

The documentation required will vary depending on the profession involved and the circumstances of the matter.

Resolving Professional Negligence Disputes

The options for resolving a dispute

Every dispute requires careful consideration of the available evidence and the legal issues involved. Depending on the circumstances, resolution may involve:

Reviewing the professional advice

Assessing the services provided and the obligations owed.

Correspondence

Communicating with the professional or their representatives to clarify the issues and seek an appropriate resolution.

Negotiation

Where appropriate, resolving disputes through constructive discussions.

Court proceedings

Where agreement cannot be reached, litigation may become necessary to determine the legal issues. Our advice is always tailored to the facts of each case.

How We Help

How Jefferson Clarke can help

At Jefferson Clarke Solicitors, we understand that concerns about professional advice can be both financially and personally significant.

We begin by reviewing the available documentation, understanding the professional relationship and assessing the legal issues involved.

We provide clear advice regarding your legal position, the strength of the available evidence and the options that may be open to you. Where appropriate, we seek to resolve disputes through negotiation. Where litigation becomes necessary, we provide practical legal advice and representation throughout the process.