Can solicitors sue other solicitors?

It may surprise some people to learn that solicitors do, in fact, sue other solicitors for negligence. 

Contrary to the perception that the legal profession is a closed or protected community, the reality is that the legal sector is highly regulated. Solicitors are held to strict professional standards — and when those standards aren’t met (and this results in loss or harm to a client) there are established legal avenues for holding the responsible solicitor to account.

The process is designed to ensure accountability and maintain public confidence in the legal profession. If you believe that you’ve suffered loss due to a solicitor’s negligence, you’re entitled to seek redress — regardless of whether or not the defendant is a solicitor.

Why might a solicitor sue a fellow solicitor?

Solicitors may act on behalf of clients who’ve suffered loss due to another solicitor’s negligent actions. 

This can include providing negligent advice, errors in drafting documents, missed deadlines or failures in representation, as well as much more. 

The principle is simple: all clients — regardless of their background or profession — are entitled to competent legal advice and representation. If a solicitor fails in their duty of care, they can be sued — just like any other professional.

Professional conduct & ethics

It’s important to note that solicitors are bound by the Solicitors Regulation Authority (SRA) Code of Conduct, which requires them to act with integrity and in the best interests of their clients. 

There’s no professional taboo or ethical barrier to pursuing a legitimate claim against another member of the profession.

How common are professional negligence claims against solicitors?

While not an everyday occurrence, claims against solicitors are far from rare. The legal profession is subject to the same rules of professional negligence as other sectors, such as medicine or accountancy. 

In fact, the existence of professional indemnity insurance for solicitors is a recognition of the risk that mistakes can (and do) happen. All solicitors in England and Wales are required to have professional indemnity insurance. In most cases, this means that any compensation awarded to a claimant will be paid by the defendant’s insurer — rather than the individual solicitor or firm. This system ensures that clients can recover losses without jeopardising the financial stability of the legal profession.

Many firms — like ours — specialise in professional negligence claims, including those against other law firms.

Talk to us

Thinking of making a claim? Get in touch with us today by calling 0333 043 3230 or emailing hello@solicitorsnegligence.co.uk.