Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Need to sue a solicitor - has anyone else? Given poor financial advice by him.

7 replies

chocolatekimmy · 17/03/2007 12:22

My solicitor gave me bad financial advice and I need to sue him for professional misconduct. Can this be done and does anyone know a firm that will offer a no win no fee basis as I have been quoted £2500 - £5000 (and I don't even know what I might get if I won).

Alternatively, can I bring a case via county court, or small claims court etc myself? How do I go about it, would I stand a chance without a legal background?

For anyone still reading who thinks they may be able to help, this is what happened.

In 1990, my solicitor sold me an endowment policy. He used a bit of software provided by Sedgewicks Financial Services to come up with a list of providers and make a recommendation to me. I was 20 and he sold it on the basis that it will pay off the mortgage and give a lump sum on top! He also sold me a low cost policy which didn't make sense for my circumstances and it was for the wrong amount (he obviously didn't have a clue!). He said that if I used him for the advice, he would give me the commission he received from the firm of c.£300 but charge me £100 for his services (win win). I have since found out that the total commission is nearer £1200 altogether.

He denied it was his responsibility when I complained to the firm in 2002. I then spent 4 years going through the Financial Services Ombudsman who first said it was Sedgewicks but then after more papers appeared as evidence they said the solicitor was ultimately responsible for the advice given.

I have tried the Law Society but the law that came in giving them power to award compensation in such circumstances only came into effect in 1991 so they can't help either.

Now I am advised I need to sue the solicitor for professional misconduct. Is it worth it?

OP posts:
hoolagirl · 17/03/2007 17:02

How much would you get?
You would only be able to recover actual losses.
If the Financial Ombusman have found in your favour then it may be worthwhile going ahead.
Contact the Law Society again, they will be able to give you a list of solicitors that would be willing to look at your claim.
HTH.

hoolagirl · 17/03/2007 17:03

Sorry just read it again.
If you have the evidence/report there then you should be able to raise your own court action, it isn't nearly as difficult as you think.

MuffinMclay · 17/03/2007 19:43

Just asked dh about this (he is a lawyer for a big City firm). His view is that you should go back to the Law Society and seek to have this solicitor struck off on grounds of negligence. He says that if you make a complaint on these grounds they are obliged to carry out a full investigation. If he is found to be negligent then compensation should follow in due course.

His top tip, if you were worried about the cost of instructing another solicitor to fight this, is to go to a legal advice centre and ask them to find someone who will take this case on a pro bono basis. It is a bit out of the ordinary so would make a good training case for someone.

Chances are, if he's done this to you he's done it to lots of other people too. Dh then went into a long rant about incompetant solicitors and my eyes glazed over......

horrifiedmum · 17/03/2007 20:14

This reply has been deleted

Message withdrawn

MuffinMclay · 17/03/2007 21:39

I'll ask him about legal advice centres tomorrow (he's fallen asleep already tonight).

MuffinMclay · 18/03/2007 09:07

Check out www.lawcentres.org.uk for a list of advice centres in your area. I'll ask dh more about them later (he's at work until this evening).

chocolatekimmy · 19/03/2007 20:30

thanks

OP posts:
New posts on this thread. Refresh page