Lawyers and Solicitors:

Allegations of professional negligence against a lawyer or solicitor is a very serious matter. Legal practitioners must adhere to strict guidelines of practice when dealing with their clients, the Courts and the law itself. Given the very nature of legal practice, it is expected that these professional duties are respected by the legal practitioner to the highest level.

Those who feel that they have been the victims of professional negligence at the hands of a lawyer should be very careful not to make allegations without first seeking legal advice on the issue. This is because by making such allegations, they may very well be exposing themselves to a liability in defamation law. For more information about defamation, please see our section titled “defamation law”.

Likewise, a solicitor who has been accused of professional negligence should by no means take such an allegation lightly. Even if unproved, accusations of this nature could be very damaging to his reputation and the goodwill of his business. This is a serious matter and should be treated with the utmost seriousness and sensitivity.

One matter that should be born in mind in situations where a legal practitioner is accused of negligent conduct is the impact this may have on his insurance policy. It is not inconceivable that the insurance company may invoke the operation of an exclusion under the policy so that they do not have to make any payout consequent on a negligence claim. Generally speaking, to ground a claim in negligence two things must be proven before a court of law:

(a)   The existence of what’s known as a “duty of care”; and

(b)   The breach of this “duty of care”.

It can be safely assumed that a duty of care exists between a solicitor retained by his client, and the client himself. Where there can be some uncertainty is where the retainer may be entered into for some specific purpose and the claim of negligence arises from something that falls outside of the agreement’s ambit. Even here the courts may hold that there are inferred or implied duties that bind the solicitor.

As can be seen, the process of assessing whether or not a lawyer is guilty of professional negligence is a very complex one. All factual particulars must be investigated in detail and the relevant laws must be considered before a view can be formed as to the likelihood of a claim’s success. The same process applies in determining a proposed defence’s likelihood of success.

For more information concerning legal practitioners, see our sections titled “Legal Fees Cost Assessment” and “Law Society of New South Wales”.

If you require assistance in relation to a claim in negligence against a lawyer or solicitor, 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.

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.