Lawyer Negligence - Sutton Laurence King Lawyers Melbourne

Professional Negligence By Lawyers

Get compensation for losses resulting from lawyer negligence in business transactions

“Working in business there are multiple stakeholders and I work on the premise that what can go wrong, will go wrong. So to have such an excellent team from SLK Lawyers working on my behalf, thinking laterally with a can-do attitude is a fantastic advantage that always produces results.”

– Lloyd Nunn, Business Broker, CRE BROKERS

Get your free guide to compensation

Understanding Lawyer Negligence

When you engage a lawyer for critical business transactions or legal matters, you expect professional expertise to safeguard your interests. Whether it’s drafting contracts, navigating complex acquisitions, or ensuring compliance with industry regulations, your lawyer plays a pivotal role in your business’s success.

However, when a legal professional fails to meet the required standard of care—such as missing crucial deadlines, providing incorrect legal advice, or overlooking regulatory obligations—the consequences can be financially devastating for your business.

Examples of Legal Negligence in Business:

Missed Deadlines: Failing to meet critical court or filing deadlines, resulting in fines or loss of legal rights.
Mistakes in Contracts: Creating poorly worded contracts that expose your business to unforeseen liabilities.
Incorrect Legal Advice: Providing inaccurate guidance on the law, leading to costly litigation.
Failure to Conduct Due Diligence: Overlooking hidden liabilities or risks in a business acquisition or loan.
Non-Compliance with Regulations: Neglecting to advise on necessary compliance, leading to fines or operational shutdowns.
Overlooking Tax Consequences: Failing to advise on specific surcharges like foreign and windfall gains tax in Victoria.
Bad Communication: Failing to keep you informed and up to date.
Unsecured Loans: Failing to secure or adequately secure a loan you have made.
Personal Liability: Missing the opportunity to avoid personal liability for business debts e.g. personal guarantees and director penalty notices.

If your business has suffered due to such negligence, you may be entitled to compensation.

Download our comprehensive guide on Professional Negligence by Lawyers to learn more:

- Lloyd Nunn, Business Broker, CRE BROKERS

Can You Sue a Lawyer for Professional Negligence?

Establishing a Strong Negligence Claim Involves Three Key Elements

1. Duty of Care

The legal professional owed you a duty to perform their services with a reasonable standard of care, including providing accurate advice, diligent representation, and compliance with all relevant laws and regulations.

2. Breach of Duty

The lawyer failed to meet this standard by:

Missing critical deadlines.

Providing incorrect legal advice.

Neglecting due diligence in business transactions.

Overlooking regulatory or tax obligations.

Drafting contracts or leases with unfavourable terms.

3. Causation of Harm or Loss

You suffered quantifiable harm or loss directly due to the lawyer’s breach of duty, such as:

Financial losses from unforeseen liabilities.

Adverse legal judgments.

Business interruptions.

Reputational damage.

Proving causation is crucial, as it affects the court’s determination of liability and the compensation you may receive.

For detailed information on how to proceed with a claim, download our free guide:

The Importance of Establishing Causation

In negligence cases, demonstrating a direct link between the lawyer’s breach of duty and your losses is essential. This affects:

The Assignment of Fault: Determining the proportion of responsibility the lawyer holds.
Compensation Amounts: Influencing the damages awarded to you.

How to Address Professional Negligence

Seeking Legal Advice

If you believe you have a claim for professional negligence, it’s essential to seek independent legal advice promptly. An experienced solicitor can help you:

Understand your rights.
Evaluate the strength of your case.
Navigate the legal process efficiently.

Lodging a Complaint

While you may choose to lodge a formal complaint with the Legal Services Commissioner in Victoria or the equivalent authority in your jurisdiction, pursuing a civil claim may be more effective in obtaining compensation for your losses.

Start by downloading our free guide for comprehensive insights:

Why Choose Our Firm?

With extensive experience in commercial law and litigation, our firm specialises in representing businesses affected by professional negligence.

We are committed to:

Outcome focus: Skilled in handling complex negligence cases.
Personalised Strategies: Tailored approaches to meet your specific needs.
Transparent Communication: Keeping you informed at every stage.
Dedicated Support: Advocating strongly on your behalf.

Take the Next Step Towards Resolution

Don’t let legal negligence jeopardise your business’s future. Empower yourself with knowledge and expert guidance to make informed decisions.

Download our free guide on Professional Negligence by Lawyers and take the first step towards securing the compensation you deserve.