Malpractice Professional Negligence

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Malpractice Professional Negligence

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         If you have been the victim of poor or negligent advice received from a lawyer, you are entitled to reclaim losses and compensation.

         Despite rigid qualification criteria and tight regulation, even the most experienced of lawyers can occasionally make a mistake. You are owed a duty of care by any lawyer who you engage to conduct legal services. You have the right to complain and commence legal action against anyone not fulfilling their duties.

         You cannot claim for advice that you are merely dissatisfied with. You also cannot claim if you are unhappy with the attitude of the professional. These, generally speaking, are customer service problems and do not fall under the purview of professional negligence laws.

         In order to make a claim against a lawyer, or for that matter, any professional,
you need to establish that a loss was sustained by you.

         If you feel that you may have a case then you need to contact a compensation lawyer who specializes in claims against professionals who wrongly advise their clients.

In order to succeed in a professional negligence claim you have to prove 3 things:

  • That the professional owed you a duty of care.
  • That the professional has breached that duty of care: You have to prove that the standard of care provided by the professional is worse than that you should expect from a “reasonable” professional.
  • That the breach of duty of care has caused you a quantifiable loss: This can be quite difficult to prove.

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