Suing your lawyer
Suing your lawyer in the courts should really only be a last resort, especially as the maximum award that the new Legal Complaints Service (LSC) can make has been increased to £15,000. The big advantage of the using the LCS is that if you are not able to prove your complaint, you are not saddled with a further legal bill and the costs incurred by the lawyers in defending your claim and using the LSC does not preclude you from taking court action later.
However, if £15,000 doesn't even begin to address the source of your complaint, or your complaint involves issues of law or fact that are too complex for the LSC to adjudicate on, then the only other recourse is to take legal action against your lawyer for negligence. Negligence is defined as the failure of a lawyer to exercise the same care that a ‘reasonable’ or ‘ordinary’ lawyer would have taken in similar circumstances. You can also sue your lawyer for negligence if they have acted when a ‘reasonable’ or ‘ordinary’ lawyer in similar circumstances would not have acted (for example, in a conflict of interest situation or in a case that you had little chance of winning). The biggest single source of negligence claims is in respect of personal injury claims, followed by commercial property and conveynacing.
The potential costs of an unsuccessful claim can be serious, but if you are determined to take this course of action, the LCS can refer to a specialist lawyer on its Negligence Panel Scheme who will provide an hour's free advice on the practicalities (such as time limits - six years in most cases) of suing your lawyer and prospects of success in your case. If you do have a potential claim, you should then get independent legal advice (whether from the LCS's recommended lawyer or elsewhere) and inform the lawyer you intend to sue that you intend to take action. You should also check if you are eligible for legal aid or have legal expenses insurance that covers the cost (see Paying for Legal Advice).
The case can then be pursued through the courts or by contacting the lawyers' professional indemnity insurers (all practising lawyers are required to have insurance against negligence claims in place). If the insurers do become involved, , they will conduct an investigation and may decide to settle your claim out of court. Whatever happens, it likely to be quite a drawn-out process.
For complaints about bills, the LCS has a free bill-checking service, which will decide whether your bill is fair and reasonable. The only exception to this rule is when a bill relates to court proceedings (such as in divorce cases) in which case you will have to ask the court to assess your bill and you may be liable for the other side's costs if you unsuccessful.
