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Wish to sue for negligence/lack of duty and care
Hello,
I hope this is the right forum to post my thread.
Couple of years back I engaged a solicitor to secure probate, there was a caveat in place. A date was set for a hearing. However, before the hearing my solicitor, without my consent or knowledge, secured an agreement with the other party. It meant I would obtain probate but could not claim costs. This was advantageous for my solicitor as he had overcharged me considerably. I did not want to sign the agreement but my solicitor kept on pestering me saying that the matter would definitely end up in the High Court with further delay and costs. In the end I signed the agreement and probate was granted.
Later on I discovered wrongdoing by the other party. However, because I had signed the agreement and there had been no "conclusion" from a hearing I could not pursue a legal claim against the other party. Also I discovered that it was not automatic for a caveat hearing to be transferred to the High Court. The judge at the first hearing has the power to dismiss a caveat on the grounds of insufficient evidence or for some other reason and grant probate. This was never brought to my attention.
I want to pursue a claim of negligence or lack of duty and care against my first solicitor for misleading me and getting me to sign the agreement. But I am being told that this is not possible as he had obtained probate which he had been hired to do. I can report him to the SRA for misconduct but I cannot pursue a claim of negligence against the solicitor.
Is this correct? I want to claim compensation from my lawyer for depriving me of the chance to pursue a legal action. Are there any options open to me? I would be grateful for all help.
I hope this is the right forum to post my thread.
Couple of years back I engaged a solicitor to secure probate, there was a caveat in place. A date was set for a hearing. However, before the hearing my solicitor, without my consent or knowledge, secured an agreement with the other party. It meant I would obtain probate but could not claim costs. This was advantageous for my solicitor as he had overcharged me considerably. I did not want to sign the agreement but my solicitor kept on pestering me saying that the matter would definitely end up in the High Court with further delay and costs. In the end I signed the agreement and probate was granted.
Later on I discovered wrongdoing by the other party. However, because I had signed the agreement and there had been no "conclusion" from a hearing I could not pursue a legal claim against the other party. Also I discovered that it was not automatic for a caveat hearing to be transferred to the High Court. The judge at the first hearing has the power to dismiss a caveat on the grounds of insufficient evidence or for some other reason and grant probate. This was never brought to my attention.
I want to pursue a claim of negligence or lack of duty and care against my first solicitor for misleading me and getting me to sign the agreement. But I am being told that this is not possible as he had obtained probate which he had been hired to do. I can report him to the SRA for misconduct but I cannot pursue a claim of negligence against the solicitor.
Is this correct? I want to claim compensation from my lawyer for depriving me of the chance to pursue a legal action. Are there any options open to me? I would be grateful for all help.
