legal claim against a lawyer for negligence

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This topic contains 19 replies, has 6 voices, and was last updated by Profile photo of Anonymous Anonymous 7 years, 10 months ago.

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  • #54661
    Profile photo of Anonymous
    Anonymous
    Participant

    I paid a deposit of 49,000 euros and contracted to buy an apartment from a developer on an ‘Off Plan’ basis.

    My lawyer failed to secure a bank guarantee, which I understand was his legal duty. When I realised this I changed lawyers.

    My new lawyer has cencelled the purchase contract and has been trying to recover my deposit on the grounds that the developer is in breech of contract.

    At the preliminary court hearing the developer agreed to cancel the contract and refund my deposit. Unfortunately the money has still not been returned and it now looks as if the developer will go bust.

    I have been told that, in these circumstances, I can make a claim against the first (negligent) lawyer for damages and the return of my money.

    I wonder if anyone on this forum has any experience of such a claim against a lawyer.

  • #89515
    Profile photo of Anonymous
    Anonymous
    Participant

    David , sorry to hear about your problem.
    I think you should think very carefully about paying yet more money to action a case against your first lawyer. The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence. It’s a common problem for hundreds and hundreds of people caught up in the Spanish property scandals. It appears to be a closed network. I think the only person that would make any money would be your lawyer from his fees, presuming he is willing to represent you should you decide to go ahead.
    This is just my personal opinion. I’m sure others will have views on this .

  • #89315
    Profile photo of Anonymous
    Anonymous
    Participant

    David , sorry to hear about your problem.
    I think you should think very carefully about paying yet more money to action a case against your first lawyer. The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence. It’s a common problem for hundreds and hundreds of people caught up in the Spanish property scandals. It appears to be a closed network. I think the only person that would make any money would be your lawyer from his fees, presuming he is willing to represent you should you decide to go ahead.
    This is just my personal opinion. I’m sure others will have views on this .

  • #89517
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you Claire.

    I am also sceptical about taking such legal action. The legal system in Spain does not always work as we might expect it to, and I would not want to throw good money after bad.

    This is why I hoped to seek opinions from those forum members with far more knowledge and experience than me.

  • #89317
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you Claire.

    I am also sceptical about taking such legal action. The legal system in Spain does not always work as we might expect it to, and I would not want to throw good money after bad.

    This is why I hoped to seek opinions from those forum members with far more knowledge and experience than me.

  • #89518
    Profile photo of Anonymous
    Anonymous
    Participant

    If I can give my opinion, the issue is to know if the developer has the money to refund you. Obviously, that is the key matter in these days.

    In other case, and having into account that 49.000,00 € is a good amount, what about try to get some kind of property from the developer to assure you can receive some value in the future?.

    Your solicitor can try the way of negotiation or go directly to the court.

    Is you can check your private contract, does it mention the insurance?. What type of written agreement did you have with your solicitor, any power of attorney?. I’m not cinic, but sceptical, because the money was received by the seller, and your first solicitor is just a secondary agent. Anyway, if there is any basis for the claim, the solicitors need to have an insurance for their activity.

    Try to negotiate the fees with your current solicitor.

  • #89318
    Profile photo of Anonymous
    Anonymous
    Participant

    If I can give my opinion, the issue is to know if the developer has the money to refund you. Obviously, that is the key matter in these days.

    In other case, and having into account that 49.000,00 € is a good amount, what about try to get some kind of property from the developer to assure you can receive some value in the future?.

    Your solicitor can try the way of negotiation or go directly to the court.

    Is you can check your private contract, does it mention the insurance?. What type of written agreement did you have with your solicitor, any power of attorney?. I’m not cinic, but sceptical, because the money was received by the seller, and your first solicitor is just a secondary agent. Anyway, if there is any basis for the claim, the solicitors need to have an insurance for their activity.

    Try to negotiate the fees with your current solicitor.

  • #89520
    Profile photo of Inez
    Inez
    Participant

    A few years ago a friend of mine received negligent advice and suffered a loss as a result.

    He was advised no local lawyer would act against this lawyer for fear of being sent to coventry!

    He was advised to use a lawyer from another area.

    Good luck

  • #89320
    Profile photo of Inez
    Inez
    Participant

    A few years ago a friend of mine received negligent advice and suffered a loss as a result.

    He was advised no local lawyer would act against this lawyer for fear of being sent to coventry!

    He was advised to use a lawyer from another area.

    Good luck

  • #89521
    Profile photo of Anonymous
    Anonymous
    Participant

    Any lawyer worth his salt wouldn’t give a **** about being sent to coventry. Our lawyer is suing our denounced (by us) lawyer on our behalf. All credit to him. Don’t know if we have won the case yet. (probably not) Apparently, it can “take a long time” to come to a decision!!!!!! 🙄

  • #89321
    Profile photo of Anonymous
    Anonymous
    Participant

    Any lawyer worth his salt wouldn’t give a **** about being sent to coventry. Our lawyer is suing our denounced (by us) lawyer on our behalf. All credit to him. Don’t know if we have won the case yet. (probably not) Apparently, it can “take a long time” to come to a decision!!!!!! 🙄

  • #89539
    Profile photo of Anonymous
    Anonymous
    Participant

    Inez,
    Did you friend find a lawyer willing to represent him, and was he successful in his claim against the negligent lawyer?

    David

  • #89339
    Profile photo of Anonymous
    Anonymous
    Participant

    Inez,
    Did you friend find a lawyer willing to represent him, and was he successful in his claim against the negligent lawyer?

    David

  • #89542
    Profile photo of Inez
    Inez
    Participant

    If I recall correctly he was given details for on in Valencia – his previous lawyer based in Marbella!!!

    He didnt bother and left it as it was on the basis of probably wouldnt get anywhere anyway.

    You need to find a lawyer with teeth, there seems to be more about nowadays as in the good days, no one wanted to dob anyone in case they didnt get recomendations of work! This place works very much on networking, who you know and recommendations!

  • #89342
    Profile photo of Inez
    Inez
    Participant

    If I recall correctly he was given details for on in Valencia – his previous lawyer based in Marbella!!!

    He didnt bother and left it as it was on the basis of probably wouldnt get anywhere anyway.

    You need to find a lawyer with teeth, there seems to be more about nowadays as in the good days, no one wanted to dob anyone in case they didnt get recomendations of work! This place works very much on networking, who you know and recommendations!

  • #89543
    Profile photo of Anonymous
    Anonymous
    Participant

    Posted
    The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence.

    And here we have the pallbearers of the Spanish justice system where they are blatant in breaking the laws where the client has paid money to ensure that they are within and protected by the Laws of that Country.
    There can be no justice unless justice starts here.
    While actions and petitions go some way to bring issues to the fore while solictors and the Judges abuse without risk of retribution then there is little hope for the future of Spain in the worlds eyes.

    Just Frank 8)

  • #89343
    Profile photo of Anonymous
    Anonymous
    Participant

    Posted
    The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence.

    And here we have the pallbearers of the Spanish justice system where they are blatant in breaking the laws where the client has paid money to ensure that they are within and protected by the Laws of that Country.
    There can be no justice unless justice starts here.
    While actions and petitions go some way to bring issues to the fore while solictors and the Judges abuse without risk of retribution then there is little hope for the future of Spain in the worlds eyes.

    Just Frank 8)

  • #89613
    Profile photo of Anonymous
    Anonymous
    Participant

    I would like to thank those who have responded to this topic.

    From the lack of reports offered, by forum members, of any successful cases of this type, I am not at all confident about proceeding with such legal action against my negligent lawyer.

    Thank you all again. I have learned so much from this forum over the last few years.

    David

  • #89414
    Profile photo of Anonymous
    Anonymous
    Participant

    I would like to thank those who have responded to this topic.

    From the lack of reports offered, by forum members, of any successful cases of this type, I am not at all confident about proceeding with such legal action against my negligent lawyer.

    Thank you all again. I have learned so much from this forum over the last few years.

    David

  • #89621
    Profile photo of Anonymous
    Anonymous
    Participant

    Hang in there as a creditor, you may be able to make a charge on some of his personal property. All is not lost.

    Sorry to hear about your trouble.

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