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Professional Negligence Lawyer - Negligent Solicitor or Barrister Compensation ClaimMembers of the legal profession (lawyers, solicitors, legal practitioners, attorneys, barristers, junior counsel, Senior Counsel, SCs, Queen's Counsel, QCs) owe their clients a duty to act with reasonable care and skill. If a legal professional has mishandled your matter, you have the right to make a complaint to the relevant Commission or disciplinary body in your State or Territory. In some circumstances, you may also be able to sue for compensation for breach of contract or through the law of negligence. Our solicitors are specialists at handling professional negligence claims against other legal professionals. If you would like to find out whether you can claim compensation for financial loss as a result of your lawyer's negligence, incompetence, overcharging, unreasonable delays, wrong advice or professional misconduct, you should call our helpline or complete the online Contact Form. Our service is confidential and free to use. Do not delay in seeking legal advice, as time limits apply to compensation clams for professional negligence. MisconductConsumer disputes regarding legal services typically involve complaints about poor communication, costs, mistakes, delays, handling of documents and poor service. Some of these disputes can be readily resolved by speaking directly with your solicitor or the Principal solicitor of the firm. If that fails, you have the option of reporting your solicitor to the relevant authority. Disciplinary authorities may arrange for dispute resolution or mediation, and the outcome might be an agreement as to costs, an apology or an explanation, or work performed by the solicitor at no charge to fix the mistake. If a complaint involves allegations of misconduct, the complaint will be investigated by the relevant authority. The complaint may be dismissed or disciplinary action may be taken. A solicitor or barrister can be found guilty of "unsatisfactory professional conduct" or "professional misconduct". The latter is a more serious type of misconduct : "Unsatisfactory professional conduct" is conduct (whether consisting of an act or omission) occurring in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent practitioner. "Professional misconduct" is defined as : (a) unsatisfactory professional conduct of an Australian legal practitioner, where the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence, and (b) conduct of an Australian legal practitioner whether occurring in connection with the practice of law or occurring otherwise than in connection with the practice of law that would, if established, justify a finding that the practitioner is not a fit and proper person to engage in legal practice. Additionally, the common law defines professional misconduct to be conduct in pursuit of the practice of law which would be reasonably regarded as disgraceful or dishonourable by professional brethren of good repute and competency. If a solicitor's conduct has resulted in financial loss to you, you may in certain circumstances be able to claim compensation. Solicitors NegligenceA legal practitioner has a duty to provide legal services with reasonable care and skill. A legal practitioner who fails to do this may be in breach of their duty of care to the client. Courts have determined that negligence is a form of unsatisfactory professional conduct or professional misconduct only when it goes beyond "mere carelessness" or "mere negligence". One example of solicitor negligence is the giving of wrong legal advice which results in financial loss to the client. If you want compensation from a legal practitioner you will have to take private legal action against the practitioner for professional negligence. If you need legal advice on whether you can sue for negligence, contact our helpline or complete the online contact form. BreachesThe following are examples of conduct which may amount to "unsatisfactory professional conduct" or "professional misconduct" or negligence, depending on the circumstances of the case :
ComplaintTo lodge a complaint about the conduct of a solicitor or barrister, you will need to contact the relevant authority in your State. These authorities will provide you with complaints forms and assistance on how to complete and lodge those forms. You will not be given legal advice by these authorities. If you need legal advice, our team can help you. You should consider taking legal advice if your lawyer's conduct has cost you financially or resulted in some other loss or damage. You may be entitled to compensation for negligence or breach of contract. To find out about your rights to professional negligence compensation call our helpline or complete the online contact form. Please note that our service currently operates Australia-wide except for the Northern Territory. AuthoritiesTo lodge a complaint against a solicitor or barrister, contact the authority in your State or Territory :-
Professional Negligence SolicitorsIf you would like legal advice from a professional negligence solicitor as to whether you are eligible for compensation you should contact our legal team for legal advice at no cost. Legal representation may be available on a No Win No Fee basis. Call our free helpline or complete the online contact form for further information and legal advice. |