When people seek legal advice after the death of a loved one, they place considerable trust in their solicitor. They expect their lawyer to explain their rights, comply with important court and statutory deadlines and take the necessary steps to protect their interests.
When solicitors fail to act competently in the interest of their clients, the consequences can be disastrous.
We recently acted for a client in a professional negligence claim after her opportunity to pursue a Family Provision Claim was lost due to the failure of her former solicitors to meet certain statutory deadlines.
Seeking Legal Advice After the Death of Her Father
Following the death of her father, our client believed she had grounds to make a Family Provision Claim against his estate. Like many people in this situation, she was grieving while also trying to navigate an unfamiliar legal process.
She instructed solicitors to act on her behalf, relying on them to prepare and progress her claim in accordance with the strict requirements of the Succession Act 1981 (QLD). She trusted that her matter would be managed competently and that her entitlement would ultimately be determined by the Court if the matter could not be resolved.
Unfortunately, because of the way the matter was handled, she never had that opportunity.
What Went Wrong?
As we investigated the matter, it became apparent that there were significant shortcomings in the way the claim had been handled.
It was alleged that the former solicitors did not keep our client properly informed about the progress of her matter, failed to respond to requests for information from the executor of the estate – which would probably have led to an early settlement of her claim, and failed to meet important deadlines. Those failures ultimately meant that the estate was distributed and our client lost the opportunity to pursue her Family Provision Claim.
Instead of having the Court consider her entitlement to further provision from her father’s estate, she was left facing the financial and emotional impact of losing that opportunity altogether.
Our Investigation
After reviewing the file and obtaining the necessary evidence, we formed the view that there were grounds to pursue a professional negligence claim.
Proceedings were commenced in the District Court of New South Wales against the former solicitors. The firm’s professional indemnity insurer assumed conduct of the defence on their behalf.
As the litigation progressed, the parties exchanged formal settlement offers, including an Offer of Compromise and a Calderbank offer, and ultimately resolved the matter at an informal settlement conference.
Professional Negligence Proceedings
Solicitors owe their clients a duty to exercise reasonable skill and care in the conduct of every legal matter.
A solicitor who fails to meet that standard may be liable for professional negligence if their conduct causes a client to suffer financial loss or lose a valuable legal opportunity.
Professional negligence claims against solicitors commonly arise where there has been:
- Missing important court or statutory deadlines.
- Allowing limitation periods to expire.
- Failing to properly advise a client about their legal rights.
- Poor communication throughout the conduct of a matter.
- Failing to respond to important correspondence.
- Failing to take the necessary steps to protect a client’s interests.
Not every mistake made by a solicitor will amount to professional negligence. However, where a client suffers loss because their solicitor failed to exercise reasonable skill and care, they may be entitled to recover compensation.
Lessons From This Case
This matter highlights several important points for anyone involved in legal proceedings.
Firstly, Family Provision Claims are subject to strict time limits and procedural requirements. Delays or failures to properly manage a claim can have serious consequences.
Secondly, clients are entitled to expect their solicitor to communicate with them, comply with court requirements and protect their legal interests throughout the course of a matter.
Finally, if you believe your solicitor has made a mistake that has affected your legal rights, it is important to obtain independent legal advice as soon as possible. In some cases, a professional negligence claim may allow you to recover compensation for the loss you have suffered.
How We Can Help
Professional negligence claims are often complex because they require consideration of both the original legal matter and the conduct of the professional involved.
The Law Office of Conrad Curry has extensive experience acting for clients whose legal rights have been affected by negligent advice or poor professional conduct. Our team can investigate what occurred, advise whether you have a viable claim and, where appropriate, pursue compensation on your behalf.
If you believe your former solicitor’s conduct has caused you financial loss or deprived you of the opportunity to pursue a legal claim, contact The Law Office of Conrad Curry for a confidential discussion about your circumstances.
