Do I need a solicitor to sue?

[Porbeagle]

I intend to take a number of defendants to court for damages ('several defendants'), including a council, on a number of breaches of legislation around vulnerable people and duty of care. My question is, do I need a solicitor to do this, or can I technically do it myself, i.e. present in court? I know it can be done in small claims court, but this is bigger than small claims and I presume will be done in County Court. Finding a solicitor is proving to be difficult, as usual, and to be honest, I'm not convinced so far that many will understand the intricacies of why we have such a good case. That is not being arrogant - it is just I have a much greater investment in what has gone wrong and why I need to sue. I'm asking this in case I don't get to find that solicitor who understands this and will take me on.

[wales01man]

Re: Do I need a solicitor to sue?

What damages are you going to claim and how do you reach that figure?
There must be other complaint procedures available that are much less stressfull

[Porbeagle]

Re: Do I need a solicitor to sue?

Actually no - it turns out complaints procedures and ombudsman processes are FAR more stressful - and certainly futile- than suing! I don't at this moment wish to discuss the issue of 'how much' here yet, suffice to say it will be more than a small claims court and demonstrable psychological damage is a massive driver. However, if possible, punitive damages might also be part of the claim. My issue in this thread is really about if a solicitor is needed in a bigger claim at county court - because finding one is not proving at all easy. However I have always found this. I have also had success in going through the small claims court in the past without a solicitor.

[enaid]

Re: Do I need a solicitor to sue?

Hi and welcome ,
as Wales01man mentioned have you gone through the complaints procedure ?
Here is some info http://www.nhs.uk/choiceintheNHS/Rig...eroptions.aspx and you may find a solicitor through them that can assist you, or even advice on doing it yourself.
I commend you for wanting to take this on yourself and your reasons, but I personally would seek proper legal advice as it could be costly and take ages to get a result. When action is being taken against these agencies sadly they tend to stick together or clam up about any misdoings.

You may be able to get a free half hour or so consultation at your local Law Centre http://www.lawcentres.org.uk/ or they may tell you of an organisation that can help you.

[Porbeagle]

Re: Do I need a solicitor to sue?

I've been through complaints procedures and ombudman before - and these really HAVE been a case of being led on a merry dance. The system appears built for that. I'd be happy to find a solicitor if one is willing to take on the case. However I'm also happy to represent myself as I have done so successfully before - although I will be seeking legal advice - a number of fixed fee type interviews for example - if I do end up having to go down the suing road, which appears likely now. I do however have some excellent evidence which will make 'clamming up' not a way to protect the parties against action. I do appear to have a good case, but it will require work and some intricate understanding of the relevant legislation. I actually do have that myself! But I need either a solicitor to take the case on, or 'offstage' legal advice if it is possible for me to do it myself. The issue is - can I? Does anyone here know is my question?

[enaid]

Re: Do I need a solicitor to sue?

Well if you read all the advice it says 'best' to have a solicitor nowhere can I find you 'must' but really think you need to know the chance of success and possibly costs.

[Porbeagle]

Re: Do I need a solicitor to sue?

Well if you read all the advice it says 'best' to have a solicitor nowhere can I find you 'must' but really think you need to know the chance of success and possibly costs.

Yes this is the sort of information I've been finding too. Sometimes you get that canard 'someone representing themselves has a fool for a client'. But we do know small claims courts have people representing themselves. I was just hoping someone might know for sure whether having a solicitor is necessary, not whether desirable. From what I've read, it's not necessary- but I'm not 100% sure so just trying to establish that.

I've also had bad advice before from solicitors before in my life as well - where I was told a case had bad prospects - but it didn't! So this is another problem. Why is finding a solicitor so fraught with difficulty from the start is another question - but perhaps one too big for this thread.

[enaid]

Re: Do I need a solicitor to sue?

Sorry I can't say for sure, someone may pop on here to give you a positive answer, I think it is such a complex area and probably nothing like a small claims case which you are confident with.
Whichever way you go with this, the oppo will have top dollar legal teams on their side, I wish you well and please if you can call back on here and let us know which way you are planning to go and what help you receive in doing so.
Enaid x

[wales01man]

Re: Do I need a solicitor to sue?

Expect the opposition will employ barristers to fight you I may be wrong but in a small claims court punitive damages are not paid just specific sums asked for and proven

[Debt Camel]

Re: Do I need a solicitor to sue?

My question is, do I need a solicitor to do this, or can I technically do it myself, i.e. present in court?

Technically you can do it yourself. But you know that.

I assume what you actually want to know is is it a good idea to do it yourself? If you won't explain what the case is about and how large the damages you are hoping for are, I don't see how anyone can really say very much.

[Porbeagle]

Re: Do I need a solicitor to sue?

Thank you. No I wasn't 100% sure at all - which is why I'm asking. Actually I DON'T want to know if other people think it's a good idea or not. that's no offence intended, but, while the case is intricate, there is clear demonstrable evidence of negligence and I am confident that a case is to be made: and that just because I can't find a solicitor shouldn't mean that case should not be pursued. Solicitors seem all over the place when it comes to taking on cases. their logic is all about THEIR interests, not the client's. That's their right, but obviously that doesn't help the likes of me. Meanwhile, our only way to get the justice we need (and by that I mean also to actually force them to do the right thing because they are still being negligent at this minute even) is to pursue a bigger claim through county court. I understand about punitive damages not being available in small claims court, but I'm not pursuing this time through small claims.

Obviously I'm being careful about the details here because I don't want to prejudice my case! I would have thought that was obvious?

[wales01man]

Re: Do I need a solicitor to sue?

Without more Info the more qualified on here I am not one will not be able to offer much help.
Courts rely on truth and provable facts so to get any real help you should disclose some if not on here to a Solicitor.
solicitors only want cases that are not run of the mill that they feel they have a chance of wiining if taken on a No win no fee basis if you want to pay out yourself some will take on the case remember they are there to make money very few are interested in the client those that are come onto forums like this for free

[des8]

Re: Do I need a solicitor to sue?

As already suggested by D C there is no legal or procedural reason reason why you should not be a LIP at any level in civil (or criminal) cases.
This quote "To that end this handbook, which isspecifically aimed at those litigants in person engaged in proceedings on the multitrack,has been prepared by a number of very experienced Circuit Judges under thelead of His Honour Judge Bailey and has very kindly been produced by Linklaters" is taken from https://www.judiciary.gov.uk/wp-cont..._in_Person.pdf.
You might find it useful.
And this publication (http://www.barcouncil.org.uk/media/2...online_use.pdf) on pages 14 &15 makes it clear a LIP
can start a claim in the appropriate court

And whilst taking on board peeps concerns about the level of expertise against you, I understand where you're coming from.
The other positive is that the experts often underestimate the amateur to their own detriment.

[Porbeagle]

Re: Do I need a solicitor to sue?

Thank you very much indeed for these Des8. These two documents look EXTREMELY useful and interesting. I also like how they've acknowledged some reasons why people may have no other option but to represent themselves. I will still look for legal support if there is any available, but this is really positive info and advice that will help me make some more informed decisions. Really appreciated

[Openlaw15]

Re: Do I need a solicitor to sue?

Psych injuries, hmm a difficult area of tort law...if you fail...you could lose your home or be made bankrupt. They could put charge order on your home. Do not be fooled by thinking arguing tort is easy, it's not. The judge is likely to award costs....do you know how much this would costs you or how much council's barristers will cost, and you will have to pay for it all either directly or indirectly (charge on your property). If the Ombudsman did not take your claims seriously then it's unlikely the court will as the Ombudsman has the power of a high court. Be careful, is my advice.