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Professional Negligence By Lawyers
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“Working in business sales 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, Hospitality Business Broker, CRE BROKERS
What is Professional Negligence by Lawyers?
When you hire a lawyer, it’s usually because you have a legal issue or an important transaction that requires expert guidance. Whether you are dealing with a complex property dispute, a contract dispute with a business partner or looking to protect your rights as an entrepreneur, you rely on your lawyer to safeguard your legal interests and to achieve the best possible outcome. Unfortunately, mistakes by lawyers can have a significant impact on your case and your business. This is what you should know about professional negligence by lawyers.
If you want to make a compensation claim against a lawyer or just seek some advice, Download our Guide to Professional Negilgence by lawyers below:
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Can I Sue A Solicitor, Lawyer, Barrister Or Another Legal Professional For Negligence?
Discover the 3 main elements that make up a compelling negligence case:
Duty of care:
The legal professional had a duty to provide you with a reasonable standard of care, which includes giving you appropriate advice and representation, and adhering to relevant laws and regulations
Breach of duty:
The legal professional failed to meet their duty of care, for example by not giving appropriate advice, missing deadlines, or failing to keep you informed about the progress of your case.
Causation:
The legal professional’s failure to meet their duty of care resulted in you suffering harm or loss, such as financial loss, an adverse outcome in your case or wasted time and costs.
- The person owed you a "duty of care"
- The person breached the "standard of care".
- This breach caused harm or loss to the complainant.
Causation of Harm or Loss
In a negligence-related lawsuit, causation is
important to assess because it can affect the
proportion of fault the court will assign to a
party and how much that party will have to
pay in damages.
How To Lodge A Complaint
Lawyers are expected to provide professional services with a reasonable level of care and skill. If a lawyer fails to meet this standard, they may be found liable for negligence and could lose their practising certificate. If you have concerns about the way a legal professional has handled an issue, you have the right to speak to them directly about it.
You also have the right to make a complaint.
But if their actions have caused you financial loss or damages, you should seek independent advice.
You can start with this Free Short Guide to Professional Negligence By Lawyers
How The Complaints Process Works
If you lodge a complaint against a lawyer, it will be assessed by one of the
Commission’s legal officers. They may decide to:
Take no further action.
This may be due to a delay in filing the complaint, the circumstances of the complaint, a lack of evidence for the alleged conduct, or because the conduct was of a nature that is not appropriate for investigation.
Commence an investigation.
If the outcome of the investigation does not find misconduct or unprofessional conduct, the complaint will not go forward for disciplinary measures. It's important to note that investigations can take a long time to resolve.
Need advice or assistance with a Professional Negligence by Lawyers matter?
Whether you want to make a compensation claim against a lawyer for negligence or just seek some advice, educate yourself first with our Short Guide To Professional Negligence By Lawyers