Suing solicitor

[Disillusioned]

I am of two minds whether or not to sue a solicitor for negligence with regard an employment tribunal I lost. Part of me doesn’t want to join the suing culture, but part of me doesn’t see why I should now live in poverty as a result of losing a tribunal which I should have won and for which I would have been awarded a substantial amount of money.


I know there’s a time limit of six years from the date of the negligence to bring a claim, so ive still got plenty of time to think it over. I feel I have a strong case, but then I felt the same at tribunal and look how that turned out. I haven’t put my case to a solicitor yet because ive lost all faith in the entire legal system after the tribunal, so don’t know if I have a real case or how strong it is.


Does anyone actually win when suing a solicitor because if not then I wont bother wasting time on it?

[Diana M]

Re: Suing solicitor

If your own solicitor has messed up you could make a complaint to the Legal Ombudsman which won't cost you anything. You need to make a formal complaint to the solicitor first.

Here's how to do it > http://www.legalombudsman.org.uk/helping-the-public/

Why not post up what you feel went wrong so some of the forum members who have experience with Employment Tribunals can guide you on how best to present your complaint.

Di

[seduraed]

Re: Suing solicitor

Are you still in the time frame to appeal the tribunals decision?

[Disillusioned]

Re: Suing solicitor

I am well out of the time frame to appeal by nearly 2 years. The solicitor was appointed by my union so I had to abide by all their reasonable requests and advice or the union would withdraw legal help. I just took the solicitors word for everything because thats their job, so if they told me something i assumed it must be reasonable or they wouldnt be saying it.

Im no legal expert but i knew the employer inside out and knew they would lie and backtrack if it went to tribunal. I put a plan together of what questions to ask the employer at tribunal and what documents were needed to be disclosed to back up my argument and prevent them backtracking and to show up any lies. The solicitor scrapped my idea and wanted to do it his way because he was the legal expert, not me.

The employer didnt follow their own disciplinary procedure, they investigated one allegation but then added a new allegation during the disciplinary hearing. The new allegation had not been investigated and I had not been given a chance to prepare for it because i wasnt told of it beforehand. The dismissal was based on the new allegation and it was upheld on appeal based on the new allegation. At no point during the entire disciplinary process was the new allegation investigated.

Tribunal arrives and I lose. I have no idea how i lost other than the judge keep spouting on about respondent beliefs. Solicitor then says there are no grounds to appeal. Solicitor then washes his hands of the whole thing because the union doent cover legal help after a tribunal.

I find out I can ask for a reconsideration and request one. I point out to the judge that the new allegation relied on to dismiss had never been investigated and quoted caselaw - 'london shootfighters' i think it was which said something like a dismissal must only be carried out on allegations that were investigated and put to the employee. The judge simply replied and said the employer believed the allegation to be true so the dismissal was fair.

I leave it at that and put it all away. Recently i have been chatting to people and my case came up and they said I did have grounds to appeal and the solicitor should have seen them. I also feel if we had gone with my plan, we would have won or at least had a much better chance of winning. It was suggested i should look into suing the solicitor for negligence.

Thats where im up to, just thinking about it and weighing up if i really want to take on a solicitor because they know the law and will hold all the cards.

[Disillusioned]

Re: Suing solicitor

I have gone over all the documents relating to the dismissal and have found my employer breached my employment contract over 30 times in order to dismiss me, yet the solicitor who I would have expected to notice such things never mentioned breaches of contract at tribunal. He only went for unfair dismissal.

[heisenberg]

Re: Suing solicitor

I have gone over all the documents relating to the dismissal and have found my employer breached my employment contract over 30 times in order to dismiss me, yet the solicitor who I would have expected to notice such things never mentioned breaches of contract at tribunal. He only went for unfair dismissal.

Did he not send you a copy of the particulars and agree these with you before they were served?

If it is any consultation, I have zilch faith in Employment Tribunals too (I have many stories to tell about how dismal they have been in my experience). In fact, I have zero confidence in the legal system. It seems to me it only serves the rich the majority of the time.

[Disillusioned]

Re: Suing solicitor

I completed the ET1 form. The solicitor changed it because it was too long and detailed. He just put the basics of the claim and sent it off. I did my statement which was very detailed, over 40 pages. The solicitor kept telling me to cut it down several times until it got to 11 pages which meant losing a lot of details, and as it turned out those details were needed. I had specific evidence which the solicitor did not use, which turned out to be needed. I made a list of documents we needed off the employer to prove our case and to disprove theirs, the solicitor didnt ask for them and it turned out we needed them. All the time i was thinking he must know what he's doing because its his job and employment law is his field. Now i know better.

[heisenberg]

Re: Suing solicitor

I completed the ET1 form. The solicitor changed it because it was too long and detailed. He just put the basics of the claim and sent it off. I did my statement which was very detailed, over 40 pages. The solicitor kept telling me to cut it down several times until it got to 11 pages which meant losing a lot of details, and as it turned out those details were needed. I had specific evidence which the solicitor did not use, which turned out to be needed. I made a list of documents we needed off the employer to prove our case and to disprove theirs, the solicitor didnt ask for them and it turned out we needed them. All the time i was thinking he must know what he's doing because its his job and employment law is his field. Now i know better.

Yeah, I've worked with many solicitors and have found them to be more of a hindrance than a help in most occasions. In my experience, even the ET judges have been complete ignoramuses (I have numerous examples).

You may find a "no win no fee" solicitor who can "help" you with a professional negligence claim. Be mindful of the fact that you may be dealing with another dimwit though.

[Basement Bob]

Re: Suing solicitor

I feel your pain

Do you think it was set up for you to fail?

My appointed legal team told me to send over all my evidence for claim with all my employment stuff, contract etc. Having had some optimistic telephone conversations regarding my circumstances, I felt all was in hand however on phoning ACAS myself I found they hadn't been contacted for reconciliation and had two days left only so I initiated this myself and got a scolding from my union for starting it. This process ran unresolved and they confirmed I had grounds to claim giving me the claim number.

I passed all this to the legal team and heard nothing for weeks. I called them to be told a letter had been sent by post 4 weeks earlier and they would forward it to me again via email. I had no letter by post and they had been emailing me with all other correspondence, not by post.

The letter was a refusal to proceed on my behalf due to predicted success and potential award v payment already received.

I went armed to CAB and got appointment two days later where I gave in all my details. I got a call to go in the following day where I was told the opposite and advised to get a lawyer of my own and the deadline was next Wednesday. It was now thursday prior to a bank holiday weekend and struggled to get a lawyer however I got one on the Tuesday who told me I had good chance of success and a payment way more than I had been advised and to get home and put together a written statement, i did this written by hand and he checked it over and proof read it last thing the following day (wednesday) and sent me home to submit my claim myself online as midnight was the deadline.

It was around 25 pages long and I had hardly slept in the previous days. I was shattered and anxiety was through the roof. I was typing it all in on the online application and as the clock struck midnight, I still had 4 pages to input. I slammed the laptop shut and broke down in tears and I mean I broke down. I was maxed out on prescribed pain relief and couldn't take anything to sedate and calm me.

Somebody definitely didn't want me at tribunal, did they?

Can I make any complaint based on the poor advice given and would such a complaint be time barred?

Or are you just meant to suck it up that they can take or drop your case as they represent the union and not you?