Overview
Understanding Lawyer Negligence
Lawyers are held to a high standard of professional competence. When a lawyer fails to meet this standard and their client suffers harm as a result, the lawyer may be liable for professional negligence (also called legal malpractice). Lawyer negligence can occur in any area of law and can have devastating consequences for clients.
Common examples of lawyer negligence include missing limitation periods, failing to properly investigate or prepare a case, providing incorrect legal advice, failing to communicate important information to clients, conflicts of interest, and mishandling trust funds. In each case, the lawyer's conduct falls below what a reasonably competent lawyer would have done in the same circumstances.
To succeed in a lawyer negligence claim, you must prove that the lawyer owed you a duty of care, breached that duty by falling below the standard of a competent lawyer, and that the breach caused you to suffer damages. This often requires expert evidence from another lawyer about the applicable standard of care.
All lawyers in BC are required to carry professional liability insurance through the Lawyers Indemnity Fund, which provides coverage for negligence claims. This means there is typically a source of funds to pay damages if your claim is successful. Our firm has experience navigating the complexities of lawyer negligence claims and dealing with insurance adjusters.
Types of Lawyer Negligence We Handle
- Missed Limitation Periods
- Failure to Investigate or Prepare Case
- Incorrect Legal Advice
- Failure to Communicate
- Conflicts of Interest
- Trust Account Mishandling
- Failure to Follow Instructions
- Inadequate Settlement Advice
- Transactional Errors
- Law Society Complaint Support
Pursuing a Legal Malpractice Claim
Case review
We review your file and the lawyer's conduct to determine whether there was a breach of the standard of care and whether it caused you harm.
Expert assessment
We may retain an expert lawyer to provide an opinion on the standard of care and whether your lawyer's conduct fell below it.
Insurance claim
We pursue a claim against the lawyer's professional liability insurance, which is administered by the Lawyers Indemnity Fund in BC.
Negotiation & litigation
We negotiate with the insurance adjuster and, if necessary, file a lawsuit and represent you through the litigation process.
Resolution
Most claims settle before trial. If your claim proceeds to trial, we present your case to the court to obtain a judgment.
Frequently Asked Questions
How do I know if my lawyer was negligent?
A lawyer is negligent if their conduct falls below the standard of a reasonably competent lawyer in the same circumstances. Common signs include: your case was dismissed for a missed deadline, you received advice that turned out to be clearly wrong, your lawyer failed to communicate important information, or your lawyer had a conflict of interest. If you suffered a loss that could have been avoided with competent representation, you may have a claim.
What is the limitation period for suing a lawyer?
In BC, the basic limitation period is 2 years from the date you knew or ought to have known about the negligence and the harm it caused. There is also an ultimate limitation period of 15 years from the act or omission. The limitation period can be complicated in lawyer negligence cases because you may not immediately know you were harmed. It's important to seek advice promptly if you suspect malpractice.
Do lawyers have insurance for malpractice claims?
Yes. All practising lawyers in BC are required to maintain professional liability insurance through the Lawyers Indemnity Fund (LIF). The LIF provides coverage of $1 million per claim (with a $5,000 deductible) for most types of negligence. This means there is typically a source of funds to pay damages if your claim is successful. The LIF employs adjusters who handle claims on behalf of insured lawyers.
Should I file a complaint with the Law Society?
You can file a complaint with the Law Society of BC if you believe your lawyer engaged in misconduct. The Law Society can discipline lawyers, including suspending or disbarring them. However, the Law Society cannot order compensation for you—that requires a civil lawsuit. Filing a complaint can be useful if the lawyer's conduct was egregious or if you want to prevent them from harming other clients.
What damages can I recover?
You can recover the loss you would have avoided but for the lawyer's negligence. This may include the value of a lost claim (what you would have recovered), wasted legal fees, costs to fix the situation with a new lawyer, and related expenses. In some cases, you may also recover damages for mental distress. The key is proving what the outcome would have been with competent representation.