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Professional negligence is a serious matter, and this is particularly the case for legal practitioners. There are cost assessment procedures available under the rules of the Supreme Court when an allegation is made for negligent billing by a lawyer or solicitor. The Legal Professions Act creates strenuous obligations on part of legal practitioners in relation to how they bill their clients. For example, there are certain matters that a lawyer cannot claim costs for. In addition to this, there may be legislative “caps” placed on certain legal services so that a solicitor cannot claim costs above a certain quantum.

A lawyer who has had an allegation of professional negligence levelled against him should approach this with utmost seriousness. The person who has made the accusation may well have created a liability in defamation (see our section on “Defamation” for more details about these cases) so an aggrieved party should be very careful before making any allegations of professional negligence. Whether one is the accused solicitor or the accusing aggrieved party, legal advice should be obtained before any action is taken.

If you need professional legal guidance with a legal cost dispute you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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