Complaints Against Solicitors Flashcards
How do solicitors work with clients?
they deal directly with clients and enter a contract with them
What 2 things does it mean can happen from solicitors joining a contract with clients?
- If a client does not pay the solicitor has the right to sue for his fees
- the client can sue his solicitor for breach of contract if the solicitor fails to do the work
As well as breach of contract if the solicitor fails to do the work what else can a client sue the solicitor for?
for negligence in and out of court work
In what case was a solicitor sued for negligence in and out of court work ?
Griffiths v Dawson (1993)
What happened In Griffths v Dawson (1993)
solicitors for the plaintiff had failed to make the correct application in divorce proceedings against her husband meaning she lost financially
Solicitors were ordered to pay her £21,000 in compensation
What happened in White v Jones 1995?
A father wanted to make a will leaving each of his daughters £9,000 writing to his solicitors in July 1986 before his death in September 1986 however the solicitors had done nothing about it and so the daughters did not inherit the money
daughters sued the solicitor for the £9,000 they had each lost
What case is an example of when other people affected by the solicitors negligence may also sue ?
White V Jones 1995
What case changed the previous law that solicitors presenting a case in court could not be sued for negligence?
Hall V Simmons 2000
What happened (very brief) in Hall V Simmons 2000?
the HOL decided that advocates can be liable for negligence
What did the Access to Justice Act 1999 do?
solicitors to have full rights of audience
What did the Courts and Legal Services Act 1990 do?
Solicitors allowed to apply for certificate of advocacy to conduct cases in the higher courts. Must have advocacy, ,take court and pass examinations
What was the Practise Direction 1986?
This followed Abse V Smith and allowed to make make statement in High Court in cases which terms had been agreed
What were solicitors original rights?
To present cases in Crown Court and Magistrates Court and also at Crown Court on committal for sentence or appeal from Magistrates’ Court
