Professional Negligence Dispute Highlights Importance of Proper Legal Procedures

Among Ian Coupland’s notable past cases in litigation, was a professional negligence claim brought against a firm of solicitors in relation to failures surrounding independent legal advice. The matter, which developed into a multi-million-pound dispute, served as a stark reminder of the critical importance of compliance with regulatory and administrative procedures, even where the underlying engagement appears minor.

The case concerned an individual who had sought independent legal advice from the defendant solicitors. The engagement was treated as routine, with a nominal fee charged and the advice itself lasting only a matter of minutes. However, the solicitors failed to follow proper processes in respect of client onboarding. In particular, they had not opened a file, undertaken anti-money laundering (AML) checks, issued a client engagement letter, or retained proper records of the advice provided.

These oversights ultimately gave rise to a dispute involving not only the client and the solicitors, but also their insurers, leading to a protracted tripartite litigation process. The matter stretched over five years before eventually settling prior to trial. Under Ian Coupland’s guidance, the client was able to navigate the complexities of both liability and insurance issues, achieving a satisfactory resolution despite the scale and duration of the litigation.

Reflecting on the case, Ian emphasised the moral at its heart: that even when solicitors are engaged for what appears to be a minor task – such as giving independent legal advice for a nominal fee – they remain bound by the same professional standards. This includes opening a file, carrying out AML checks, issuing clear terms of engagement, keeping accurate notes, and raising an invoice. Such safeguards not only protect clients, but also protect solicitors themselves from the risk of costly and damaging disputes.

This case stands as an important reminder of the weight carried by professional standards and the far-reaching consequences when they are not upheld.

If you believe you have suffered a loss due to poor legal advice or professional negligence, it is important to seek guidance from experienced litigators. Ian Coupland and our Litigation team have a strong record of holding professionals to account and achieving successful outcomes in negligence claims.

Contact us today for a confidential discussion about your case and to find out how we can help protect your rights and secure the compensation you deserve.