Continue reading "Solicitor’s Duty to Non-client"
Solicitor’s Duty to Non-client
Ask the EditorAlthough a mortgagee’s solicitor disclaims liability, can an explanation of the law to an unrepresented third party cause a duty of care to arise, despite the solicitor’s saying he was not acting for the third party ? I have a mortgagor client who on a remortgage bringing in another to share his title, received a pro forma sheet describing the difference between holding property as a joint tenant or as a tenant in common. He made a choice he subsequently regretted and which might well have been different had he been advised to seek independent advice. Alternatively, even if no legal liability arose, is this a situation which could come within the ambit of the Legal Ombudsman?