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03 September 2009 / Louis Flannery KC
Issue: 7383 / Categories: Features , Profession , Professional negligence
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Hope springs eternal?

Louis Flannery examines cases of alleged solicitor negligence

Hope springs eternal: man is ever-optimistic, or so thought Pope in 1733 in his Essay on Man. As solicitors, we all try to be as optimistic in our advice to clients as we can. Nevertheless, be careful: the dangers of being over-optimistic in the context of legal advice were spelled out earlier this year in a case involving a magic circle firm advising clients in relation to a substantial and complex dispute.
 

No solicitor goes out of their way to be negligent: being sued by a client can never be a pleasant experience. Although solicitors’ negligence cases usually arise from transactional work, in the litigation field the most common cause for complaint is a failure to issue or serve proceedings before the expiry of the relevant limitation period. In 2004, the Court of Appeal delivered its judgment in the case of Dixon v Clement Jones, a case of solicitor negligence involving a failure to issue proceedings in time, in a “loss of chance” case:

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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