There are different actions one can take if their solicitor loses a case in court depending on the type of payment agreement one gets into when making a claim. Some people talk about suing the same solicitor for negligence but experts always warn against that. Nevertheless, there are capable experts you can involve.
Funding agreements are actually favourable to many people making claims. Should you lose a claim while in a funding agreement, you will be better off since the agreement will assist you to cover the legal expenses.
If you want to be at the safest side after a claim has been to court, it is best that you involve lawyers who offer Conditional Fee Agreement payment option. This is the popular No Win No Fee model. Should your lawyer lose a case in this agreement, the solicitor’s fee is reduced to zero. You should, therefore, look for no win no fee solicitors to handle your case.
When solicitors agree to get into the Conditional Fee Agreement as the payment option for taking on to your case, you have very high chances of winning. In fact, it is calculated that approximately 98% of cases in No Win No Fee agreements are successful.
If you lose a case while you had not engaged no win no fee solicitors, you can seek another solicitor to assist you in a “loss of chance” case. This is a case whereby you have to prove that you would have won the case as well as recover damages, but your solicitor’s negligence made you lose.
It can be hard work to successfully claim against your solicitor for professional negligence but with reliable experts, it is possible. You can get well versed, highly qualified solicitors who can help you to calculate the loss of chance.
There are six-point tests set out by the court that is used in evaluating the loss of chance. You should get loss of chance lawyers to help you through the process. Here’s how the court assesses the loss of chance
– The claimant must prove that the claim case had the real prospect of success
– The court then evaluates the prospects of success
– The court then assesses the possible damages in percentage the claimant would have received in the underlying claim while considering all uncertainties.
– A broad brush approach should be adopted for some cases. If this is overwhelming, professional negligence solicitors can help you through.
– The court then weighs the evidence of the possibility of a settlement.
– When there are multiple hurdles to the claim, an average percentage is applied, considering every hurdle.
You can tell from the look of it this is a challenging way to take action against your solicitor if they lose a case in court. To stay in the best position even when a lawyer loses a case, always seek no win no fee solicitors.