Why did solicitors fail to advise Mr B?

The Solicitors had failed to advise Mr B to challenge the need to possession of the whole site to carry out their proposed works and enquiries revealed that had the position been checked with proper enquiries of the Planning Authority there was little evidence of the need for possession of Mr B’s unit at all.

Is the solicitor / client relationship a fiduciary relationship?

In our legal system, the solicitor/client relationship has long been recognized as a fiduciary relationship. The term ‘fiduciary’ means trust, so in a fiduciary relationship one person (the client) places his or her confidence, good faith, reliance and trust in another (the solicitor), whose advice is sought in some matter.

Can a solicitor act for a client in a dispute?

Your solicitor must not allow their own interests, or the interests of an associate, to conflict with those of a client. A solicitor generally cannot act for you if they have previously provided legal advice to a person you are in dispute with.

Do you need a lawyer to set up a family trust?

Keeping clear records of everything that affects the trust is very important. Family trusts can be quite technical, so we’ll typically need legal, and sometimes accounting, expertise. Trusts should usually be formed by a lawyer or a professional trustee company.

What happens if a solicitor gives incorrect advice?

A Solicitor owes a client a duty of care to act in their best interests. If that Solicitor gives incorrect advice or fails to do something which any reasonably competent Solicitor would have done, then you may have a claim in negligence, if you can establish that you have lost something of value.

When totrust a legal matter to a solicitor?

When you entrust your legal matter to a firm of Solicitors who market themselves as having the appropriate qualifications, training, and experience, you have every right to expect to receive a service that exceeds their duty of care as a legal professional.

Can a solicitor be sued for financial loss?

Causing financial loss For a mistake by a solicitor to amount to a claim for negligence, it must have caused you loss. This means that you must be able to show that, but for the mistake of the solicitor, you would not have suffered the loss.

What happens if solicitor or will writer is negligent?

The loss will invariably be the sum which the beneficiary would have received had the Will been drafted before the deceased died. A solicitor or Will Writer should arrange an appointment to see the client ASAP in every case. A delay of 5 weeks can amount to professional negligence.