---
title: "Does Your Solicitor Have to Tell You They Made a Mistake?"
url: https://professionalnegligenceclaimsolicitors.co.uk/solicitor-mistake-duty-tell-client/
date: 2026-10-23
modified: 2026-10-23
lang: en
author: "pncs"
description: "Yes. A solicitor in England and Wales who realises something has gone wrong on your matter must be honest and open with you about it, and paragraph 7.11 of the SRA Code of Conduct for Solicitors requires them to \"explain fully and promptly what has happened and the likely impact\". The High Court has also accepted that a firm can owe you a legal duty to advise on its own possible negligence, so staying silent can be a breach in its own right. The qualification is that none of this obliges the firm to admit liability, and the civil duty only arises where the firm knew, or ought to have known, of a significant risk that its own work was negligent."
categories:
  - "Legal Negligence"
  - "Limitation periods"
  - "Negligent Solicitor"
tags:
  - "deliberate concealment"
  - "duty of candour"
  - "Haward v Fawcetts"
  - "Legal Negligence"
  - "own interest conflict"
  - "Professional Indemnity Insurance"
  - "rule 10.5(5)(a) Insolvency Rules 2016"
  - "Section 14A Limitation Act 1980"
  - "section 14A(9) Limitation Act 1980"
  - "section 14B Limitation Act 1980"
  - "section 2 Limitation Act 1980"
  - "section 32(1)(b) Limitation Act 1980"
  - "section 5 Limitation Act 1980"
  - "solicitor made a mistake"
  - "solicitor negligence"
  - "SRA Code of Conduct paragraph 7.11"
  - "SRA Code paragraph 6.1"
  - "statutory demand counterclaim"
image: https://professionalnegligenceclaimsolicitors.co.uk/wp-content/uploads/london_chambers_editorial-1024x576.webp
word_count: 2526
---

# Does Your Solicitor Have to Tell You They Made a Mistake?

**Yes. A solicitor in England and Wales who realises something has gone wrong on your matter must be honest and open with you about it, and paragraph 7.11 of the SRA Code of Conduct for Solicitors requires them to "explain fully and promptly what has happened and the likely impact". The High Court has also accepted that a firm can owe you a legal duty to advise on its own possible negligence, so staying silent can be a breach in its own right. The qualification is that none of this obliges the firm to admit liability, and the civil duty only arises where the firm knew, or ought to have known, of a significant risk that its own work was negligent.**

Most people asking this question have already found out the hard way, usually from a new solicitor, an unexplained court order or the other side. What surprises them is that the silence can matter as much as the original error, because it can add to the loss and can affect when the time limit for suing the firm starts to run. Our guide to [suing a negligent solicitor or law firm](https://professionalnegligenceclaimsolicitors.co.uk/sue-negligent-solicitor-law-firm/) covers the wider ground.

### Want legal advice on the merits of your case?
Your legal enquiry goes immediately to our PN litigation team in Middle Temple, London. We can't take on low value cases or give free legal advice - our minimum fee is £1750 +VAT for a conference with a solicitor and barrister. Call us on +442071830529.

[Check My Case Now ✔](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/)

## What the Solicitors' Code Says About Mistakes

Every solicitor regulated by the SRA works to the Code of Conduct for Solicitors, RELs and RFLs. Paragraph 7.11 provides: "You are honest and open with clients if things go wrong, and if a client suffers loss or harm as a result you put matters right (if possible) and explain fully and promptly what has happened and the likely impact." Paragraph 3.2 sets the baseline that the service you receive "is competent and delivered in a timely manner". Our page on [negligence claims against lawyers](https://lexlaw.co.uk/practice-areas/professional-negligence-solicitors-london/professional-negligence-claim-against-lawyers-barristers/) explains how these professional standards sit alongside the civil law.

The Code is a regulatory document. A breach can lead to action by the SRA, yet the Code does not by itself put money in your pocket. Compensation comes from a claim in negligence or breach of contract, which means proving that the firm fell below the standard of a reasonably competent solicitor and that the failure caused you loss, as our guidance on [whether you can claim compensation for negligent advice](https://professionalnegligenceclaimsolicitors.co.uk/can-you-claim-compensation-for-negligent-advice/) sets out.

## Can You Sue a Firm for Keeping Quiet?

In the right case, you can. The High Court has held that a solicitor may owe a duty to advise the client about the solicitor's own potential negligence, and that the duty is not confined to hidden errors the client could never have spotted for themselves. The question is whether the firm knew, or ought to have known, of a significant risk that its earlier work was negligent. A fanciful risk will not do. Our article on [the scope of a professional's duty](https://professionalnegligenceclaimsolicitors.co.uk/scope-of-duty-in-professional-negligence-cases/) explains why the boundaries of the retainer decide so many of these cases, and our note on [a solicitor's duty to warn clients of risks](https://lexlaw.co.uk/solicitors-london/lawyers-professional-negligence-claims-solicitors-duty-to-warn-clients-advice/) covers the related obligation to flag dangers within the matter itself.

The loss caused by silence is usually different from the loss caused by the original mistake. The typical items are legal costs you went on paying after the firm should have spoken up, and the chance you lost to rescue the position while rescue was still possible, such as serving proceedings again in time or asking the court for relief. Our guide to [how compensation is calculated in a professional negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/how-is-compensation-calculated-in-a-professional-negligence-claim/) explains how courts value a lost chance.

## The Own Interest Conflict

Once a firm suspects it has let you down, its interests and yours begin to pull apart. Paragraph 6.1 of the Code is short: "You do not act if there is an own interest conflict or a significant risk of such a conflict." The SRA's ethics guidance on putting matters right says that in this situation "you should advise the client to take independent legal advice", and adds: "You may wish to offer to pay for this." Our [fixed fee second opinion service](https://professionalnegligenceclaimsolicitors.co.uk/second-opinion-legal-fixed-fee-new-representation-litigation-advice/) exists for clients who reach exactly this point.

The guidance leaves whether the firm can keep acting to professional judgment, so there is no automatic rule that it must step aside. Ask in writing whether it has told its insurers and whether it believes it can still act. If the answers are vague, a [joint solicitor and barrister review of your case](https://lexlaw.co.uk/legal-second-opinion-solicitor-barrister/) will tell you whether the matter should move elsewhere.

## Why an Apology Rarely Comes With an Admission

Solicitors carry compulsory professional indemnity insurance, and the policy largely controls what a firm can say once a claim is in prospect. The SRA guidance tells solicitors that they "will normally need to consult with your insurers at the earliest possible opportunity", and warns that before admitting liability they are likely to need the insurer's consent. That is why a candid letter explaining what happened can arrive alongside a firm refusal to accept fault. Our guide to [what goes into a letter before claim for professional negligence](https://professionalnegligenceclaimsolicitors.co.uk/what-should-be-in-a-letter-before-claim-action-for-professional-negligence/) explains how the formal process then starts.

Be careful with anything the firm asks you to sign while it is explaining itself. A reduced bill offered in return for a release of all claims can cost far more than it saves, and our page on [recovering unfair and unreasonable solicitor fees](https://lexlaw.co.uk/solicitors-london/recovering-unfair-and-unreasonable-solicitor-fees/) covers the fee side.

## Signs Something Has Gone Wrong on Your File

Firms rarely announce an error in a single letter. The signs tend to be indirect: a new fee earner with no explanation, a hearing vacated at short notice, a court order you never received, or sudden pressure to settle for far less than you were told the claim was worth. Our article on [undervalued settlements and solicitor negligence](https://professionalnegligenceclaimsolicitors.co.uk/undervalued-settlements-and-solicitor-negligence-your-legal-rights/) explains what happens when a client signs away rights without understanding them.

Put specific questions in writing and keep the replies. "Has any deadline in my matter been missed?" is harder to deflect than a request for an update. Our guidance on [preparing witness evidence for a professional negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/preparing-witness-evidence-professional-negligence-claim-specialist-solicitors/) explains why a record made at the time of what you were told carries weight later.

## How Silence Interacts With the Time Limit

The starting point is six years. Section 2 of the Limitation Act 1980 provides that "An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued", and section 5 says the same of an action founded on simple contract. Where you did not know about the damage, section 14A(4) gives an alternative period of three years from the starting date in section 14A(5), which is when you first had the knowledge needed to sue. Section 14A(9) then closes an obvious escape route: "Knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant". As our [guide to section 14A and limitation periods](https://professionalnegligenceclaimsolicitors.co.uk/limitation-periods-in-professional-negligence-section-14a-and-recent-developments-in-the-uk/) explains, Haward v Fawcetts (a firm) [2006] UKHL 9 decided that a claimant does not need to know the adviser was negligent, only enough to link the loss to the adviser's conduct.

Section 14B adds an overall bar of fifteen years from the last act or omission alleged to be negligent. Deliberate silence can change that picture. Where a relevant fact has been deliberately concealed by the defendant, section 32(1)(b) provides that "the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake", or could have discovered it with reasonable diligence. Section 32(2) treats the "deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time" as deliberate concealment, and section 32(5) disapplies sections 14A and 14B where section 32(1)(b) applies. The Supreme Court has held that concealment can consist of deliberately keeping a fact secret even without a prior duty to disclose it, but the firm must have intended to conceal, and recklessness is not enough. Our page on [the limitation period for a professional negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/what-is-the-limitation-period-for-a-professional-negligence-claim/) covers section 32 in more detail.

## When the Firm Sends a Bill Instead of an Explanation

A firm that has made a mistake sometimes moves first and pursues the client for unpaid fees. A claim for fees can be met with a counterclaim in negligence, and the bill itself can be challenged through the court's detailed assessment procedure. Our page on [legal cost disputes and detailed assessments](https://lexlaw.co.uk/practice-areas/solicitors-act-1974-client-legal-costs-detailed-assessments-scco/) explains that route.

If the firm serves a statutory demand on you personally, the clock is very short. Rule 10.4(2) of the Insolvency (England and Wales) Rules 2016, SI 2016/1024, provides that an application to set the demand aside "must be made within 18 days from the date of the service of the statutory demand", and rule 10.5(5)(a) allows the court to grant it where "the debtor appears to have a counterclaim, set-off or cross demand which equals or exceeds the amount of the debt specified in the statutory demand". Our guides to [setting aside a statutory demand before bankruptcy or winding up](https://windinguppetitionsolicitors.co.uk/setting-aside-a-statutory-demand-before-bankruptcy-or-winding-up/) and [setting aside a statutory demand as an individual](https://lexlaw.co.uk/solicitors-london/setting-aside-a-statutory-demand-as-an-individual/) explain the procedure. Where the client is a company, our article on [when a counterclaim can defeat a winding up petition](https://windinguppetitionsolicitors.co.uk/when-can-a-counterclaim-defeat-a-winding-up-petition/) is the place to start.

## Complaint, Regulatory Report or Negligence Claim?

Searches on this subject tend to blur three separate routes. A complaint to the firm, escalated if necessary to the Legal Ombudsman, deals with the quality of service and has its own limits on what can be awarded. A report to the SRA concerns professional conduct and does not compensate you at all. A negligence claim in the courts is the route for substantial financial loss, and the Limitation Act deadlines keep running whatever stage a complaint has reached. Our [overview of legal negligence claims](https://professionalnegligenceclaimsolicitors.co.uk/legal-negligence-claims-against-solicitor-barrister/) explains where each route fits.

The other confusion is about who made the mistake. Many readers were in fact let down by an accountant or tax agent who missed an HMRC deadline. The SRA Code does not govern those advisers, although the law of negligence does, and the tax position often needs rescuing first. Our guidance on [late appeals against HMRC](https://taxdisputes.co.uk/2026/09/late-appeals-against-hmrc-is-it-too-late/) explains when an appeal outside the time limit can still be admitted, our case study on [a tax adviser's procedural error that was fatal to an IR35 appeal](https://taxdisputes.co.uk/2025/06/ir35-case-study-tax-advisers-procedural-error-fatal-to-taxpayers-appeal-rights-professional-negligence-in-tax-tribunals/) shows what is at stake, and our page on [negligent tax advice claims](https://taxdisputes.co.uk/professional-negligence-negligent-tax-advice-sue-accountant-claims/) covers suing the adviser.

## Practical Steps if You Suspect a Mistake

Start with the file. It is the primary evidence of what the firm knew and when, so ask for it in writing as soon as you suspect a problem. If your solicitors have since merged, closed or been intervened by the SRA, our guidance on [what happens when a solicitor's firm has closed or collapsed](https://professionalnegligenceclaimsolicitors.co.uk/solicitors-firm-closed-or-collapsed-can-you-still-claim/) explains how to recover it and which insurer is likely to respond.

Write down the date you first learned something was wrong and who told you, because that date may govern the three-year period under section 14A. Where limitation is close, a standstill agreement or protective proceedings may be needed before the pre-action process can run, as our page on [the limitation period for a professional negligence claim](https://professionalnegligenceclaimsolicitors.co.uk/what-is-the-limitation-period-for-a-professional-negligence-claim/) explains.

## Time Runs While the Firm Says Nothing

Unless deliberate concealment can be proved, which is a serious allegation needing clear evidence, the periods under sections 2, 5 and 14A keep running while you wait for an explanation. The day a new solicitor, the court or your opponent first told you something was wrong may be the date that matters, and the pre-action protocol takes time to complete before proceedings can be issued. If you are close to six years from the original error, or three years from when you found out, take advice now. Our guide to [limitation periods in civil claims](https://lexlaw.co.uk/limitation-periods-time-limits-bar-statute-expired-start-claim-litigation-legal-advice/) explains what happens when a deadline is missed.

## How We Can Help

We act for clients bringing claims against solicitors, barristers and other lawyers whose mistakes, and whose silence about those mistakes, have cost them money. We review the file, identify what went wrong and when the firm should have told you, fix the limitation dates, and take the claim through the pre-action protocol to settlement or trial, as our [step-by-step guide to proving professional negligence](https://professionalnegligenceclaimsolicitors.co.uk/how-to-prove-professional-negligence-a-step-by-step-legal-guide/) describes. We do not offer free legal advice or legal aid, and we generally take on substantial matters where the loss justifies specialist litigation.

We are dual qualified solicitors and barristers with chambers in Middle Temple, next to the Royal Courts of Justice. We offer a fixed fee advice conference with both a solicitor and a barrister, and the quickest way to arrange one is our [professional negligence case assessment form](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/).

### Want legal advice on the merits of your case?
Your legal enquiry goes immediately to our PN litigation team in Middle Temple, London. We can't take on low value cases or give free legal advice - our minimum fee is £1750 +VAT for a conference with a solicitor and barrister. Call us on +442071830529.

[Check My Case Now ✔](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/)

*This article is for general information only and does not constitute legal advice. You should take specific legal advice on your own circumstances before acting or refraining from acting.*

### Frequently Asked Questions (FAQs)

Does a solicitor have to tell you if they made a mistake?
Yes. Paragraph 7.11 of the SRA Code of Conduct for Solicitors requires a solicitor to be honest and open when things go wrong and to "explain fully and promptly what has happened and the likely impact". The High Court has also accepted that a civil duty to advise on the firm's own potential negligence can arise where the firm knew, or ought to have known, of a significant risk that its work was negligent.

Does my solicitor have to admit liability for the mistake?
No. SRA guidance expects a solicitor to consult their insurers at the earliest opportunity and to obtain the insurer's consent before admitting liability. A firm can explain the facts candidly and still deny that it was negligent, which is why independent advice matters at this stage.

What counts as deliberate concealment by a solicitor?
Deliberately keeping a relevant fact secret can be concealment under section 32(1)(b) of the Limitation Act 1980 even without a prior duty to disclose it, but the concealment must be intentional and recklessness is not enough. Section 32(2) also treats the deliberate commission of a breach of duty that is unlikely to be discovered for some time as deliberate concealment.

Is a complaint to the Legal Ombudsman the same as a negligence claim?
They are separate routes. The Legal Ombudsman deals with service complaints and has its own award limits, while a court claim is the route for substantial financial loss. Complaining does not stop the Limitation Act 1980 periods running.