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.
Missed deadlines, inadequate preparation, incorrect advice, conflicts or mishandled funds may justify investigation, but none proves negligence merely by being alleged. The retainer, surrounding circumstances, applicable standard and connection to an identifiable loss need to be examined.
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.
BC lawyers in private practice generally have professional liability indemnity coverage through the Lawyers Indemnity Fund. Coverage is subject to eligibility, policy terms, limits and exclusions; it is not a promise that every loss will be paid. A claim against the lawyer and the available coverage must be assessed separately.
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 identify the appropriate parties, consider notice to the lawyer and indemnity provider, and assess settlement or a civil claim. Contacting an indemnity provider does not replace protecting a court deadline.
Negotiation & litigation
We negotiate with the insurance adjuster and, if necessary, file a lawsuit and represent you through the litigation process.
Resolution
We compare a negotiated resolution with the evidence, cost and recovery risks of litigation. A settlement or judgment is not guaranteed, and obtaining a judgment is different from collecting payment.
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?
BC lawyers in private practice generally have professional liability indemnity coverage through the Lawyers Indemnity Fund. Coverage is subject to eligibility, policy terms, limits and exclusions; it is not a promise that every loss will be paid. A claim against the lawyer and the available coverage must be assessed separately.
Should I file a complaint with the Law Society?
A Law Society conduct complaint is separate from seeking compensation. Depending on the facts, a negligence claim, fee review or trust-protection process may be relevant. Do not assume a complaint, insurer discussion or refund negotiation stops the deadline for a civil claim.
What damages can I recover?
Potential compensation depends on proven loss caused by the breach, not simply the fees paid or the amount sought in the original case. The analysis may involve what would probably have happened with competent representation, reasonable corrective costs and steps to reduce the loss. Recoverability and evidence require individual assessment.