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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 26470
Experience:  Senior Partner at Berkson Wallace
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How to obtain legal expenses insurance for solicitor's

Customer Question

How to obtain legal expenses insurance for solicitor's negligence claims?
Submitted: 17 days ago.
Category: Family Law
Expert:  Stuart J replied 17 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 17 days ago.

I will need all the background to this matter in order for me to advise you - thanks

Customer: replied 17 days ago.
I want to make a solicitor's negligence claim which is under 10,000
How can I protect myself from paying their costs (in case I did not win)
Customer: replied 17 days ago.
I have seen on few website stating "legal expenses insurance. This may be attached to any insurance policies you have taken out". I am not sure how does it work? because those are very specific; for example, motor legal insurance is only for something linked to car/road
Customer: replied 17 days ago.
Also, can I just make a claim for a monetary loss (which in this case is just over £5000) or can I also ask for compensation causing distress and humiliation in the court room (she had did not submitted the documents to the court and did not even tell me)
Expert:  Stuart J replied 17 days ago.

Legal expenses cover appears to be fantastic but firstly these companies really don’t want to pay out so they will find any excuse to say why it’s not a good claim and secondly, you cannot normally get legal expenses insurance if a matter has already started. You may have it attached to your house insurance so do check.

Usually however it is only to defend claims, not bring them.

Unlike the medical profession close ranks if there is a problem, the legal profession love stabbing each other in the back so it’s worthwhile seeing if you can get another solicitor to take it on.

You might need to ring round quite a few solicitors but you can search by postcode and specialism on the Law Society website www.lawsociety.org.uk find a solicitor link which is at the top left hand corner of the page.

If a solicitor gives it more than 60% chance of success, you may be able to get legal expenses cover that would pay for the costs in the event that your claim is not successful.

However it’s not going to be worth doing this if the claim is under GBP10,000 because the Defendant would not normally recover their legal costs in any event.

I would start with a complaint in writing to the firm’s complaints Partner and if that doesn’t work make a complaint to the Legal Ombudsman.

It’s free, and hence without risk.

You need to make complaints of the firm’s Complaints Partner. If you speak to the firm, they would normally tell you that is although it should be in the Client Care/Terms of Business letter you got at the outset.

If the firm cannot resolve your complaint

The Legal Ombudsman could help you if you are unhappy about:

the work your solicitor did for you

your bill.

Here is a link to the Legal Ombudsman

https://www.legalombudsman.org.uk/information-centre/consumer-resources/bringing-a-complaint-to-us/

If you are concerned about your solicitor's behaviour you can also complaint of the Solicitors Regulation Authority but they will only deal with particular aspects. My personal view is that I would always complain to both.

The SRA can help you, or take action, when solicitors:

tell lies

steal from you

shut down without telling you

break SRA rules.

Thank you for letting me assist you with your legal question. I am glad that I was able to help. I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this. It will be my pleasure to help you again either further with this or any future questions you have Kind regards Stuart

Expert:  Stuart J replied 16 days ago.

It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. Can I help you any further with this? I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Expert:  Stuart J replied 16 days ago.

Hello again. If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart