December 2015 Archive

Will Dispute (Testamentary Capacity): Understanding is key and the role of the Solicitor critical

It is the professional duty of a solicitor to ensure that every client is fully and properly advised. Where a solicitor is concerned that a client lacks the required mental capacity to make a Will, they should either decline to act or obtain the expert opinion of an appropriately qualified medical practitioner.

Solicitor professional negligence - Scope of a solicitor’s duties

It is important to be aware of the extent of your solicitor’s duties if you want to make a claim in negligence. Generally a high standard of competence is expected of a solicitor but judges acknowledge that they must be cautious not to impose duties that go beyond the scope of what the solicitor has been requested and undertaken to do.

Professional liability of solicitors and scope of client instructions

In order to establish a claim in professional negligence, you need to show that a solicitor owed a duty of care to the client, that the duty was breached and that the breach caused a loss. To demonstrate that crucial first step, duty, you can usually point to the contract (or ‘retainer’) between the solicitor and client.

Claims against financial advisers for negligent investment advice and breach of statutory duty

We regularly make claims for clients who have lost money through bad financial advice. Often these claims result from advice to invest in products that are unsuitable for the client. An investment in high risk ventures for a client whose preference and risk profile were for cautious, safer investments, leaves the adviser exposed if losses result.
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