However, the entire lawsuit could have been avoided had the phantom client been told that she was not a real client. Solicitors should be especially wary of phantom client issues in personal injury matters. Consultations take place about whether an injured person should or should not bring an action. No decision is made at the consultation. No follow up takes place.
Nothing is said about any limitation period.
The limitation period passes. The client then alleges that the solicitor was to protect his or her interests. There is a real possibility in such cases that the client's position will prevail.