Fussy question

Grawns

Without going into the details, let's say a solicitor accidentally deleted a clause from a contract that protected his client in the case of non fulfillment. The client pulls out of the contract and the case is in dispute.

If the case is settled, does the client pay and then sue the solictor for any costs incurred or does the solicitor pay the settlement and claim the money from professional insurance.

This is assuming that the client doesn't engage a new solicitor and courts are not involved.

FreudianSlippers

You will likely loose your case and then sue your previous solicitor for professional negligence.

What you really need to do is consult a new solicitor on this matter. What you're asking is technically legal advice.

Reloc8

Woah...that would depend. And anyway the question is based on the case settling not on whether he would win or lose.

Client settles case - that can't happen without client agreeing to do so so to speak. Now, if the case was fought and lost on the point of the missing clause there might well be a question of professional negligence.

To answer the question, if the case is settled between the Plaintiff and Defendant (the parties) its the client that will be liable to the other party to perform the settlement.

If the client's solicitor has agreed to perform the settlement then the solicitor is liable to the client, obviously.

If the client's solicitor has not agreed to perform the settlement, the other party to it will still seek payment from the client. The client would have an option on exploring whether his solicitor had been negligent and in the first instance should engage a new solicitor if not satisfied to perform the settlement himself.

If the case was settled that's less likely unless this was a situation where the client more or less was told 'you have to settle because you will lose because I (solicitor) deleted this clause without instructions to do so'.

Grawns

Thanks for that guys. I am not the client in this case just wondered how it would be best handled between the parties.

FreudianSlippers

Reloc8 wrote: »

Woah...that would depend. And anyway the question is based on the case settling not on whether he would win or lose.

Client settles case - that can't happen without client agreeing to do so so to speak. Now, if the case was fought and lost on the point of the missing clause there might well be a question of professional negligence.

To answer the question, if the case is settled between the Plaintiff and Defendant (the parties) its the client that will be liable to the other party to perform the settlement.

If the client's solicitor has agreed to perform the settlement then the solicitor is liable to the client, obviously.

If the client's solicitor has not agreed to perform the settlement, the other party to it will still seek payment from the client. The client would have an option on exploring whether his solicitor had been negligent and in the first instance should engage a new solicitor if not satisfied to perform the settlement himself.

If the case was settled that's less likely unless this was a situation where the client more or less was told 'you have to settle because you will lose because I (solicitor) deleted this clause without instructions to do so'.

I've been all around the country on Circuit the past 2 weeks and I posted that in a bad mood