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Professional negligence claims against lawyers

Professional negligence

If a lawyer has misrepresented you or been negligent in their advice or conduct, Shine Lawyers can help. Our legal negligence team can offer you advice or file a professional negligence claim against a solicitor, lawyer, barrister or other legal professional on your behalf – compensating you for financial loss or other damages connected with the legal professional’s negligence. 

What is legal negligence? 

Lawyers have a duty to “provide professional services with reasonable care and skill”. A lawyer who fails to exercise a degree of care considered reasonable might be found liable for negligence and may lose their practising certificate. 

If you have concerns about the way a legal professional has handled an issue, you have the right to speak to them directly about it. You also have the right to report mishandling of a legal issue to the relevant commission in your state or territory. 

But if their actions have caused you financial loss or damages, you should seek independent advice. 

Can I sue a lawyer for negligence? 

Failing to fulfil a client’s hopes or expectations does not in itself count as legal negligence. Yet lawyers have a duty of care and a responsibility to uphold it to a reasonable standard.  There are many examples of negligence or unsatisfactory conduct that legal professionals can be held accountable for, including: 

  • Giving poor or incorrect legal advice 

  • Poor drafting of financial agreements, for example in a prenuptial agreement or binding financial agreement 

  • Unacceptable delays or missing the time limitation periods in your case 

  • Suing the wrong party or in the name of the wrong party 

  • Under-settling a claim 

  • Charging an unreasonable amount 

  • Fraud or dishonesty 

Do you have a case?  

We’re here to make the legal process as simple and stress-free as possible.

How Shine can help

We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.

95% of the cases we represent are settled without the stress of going to court.

With our 1000+ workforce and business maturity, we have the scale, expertise and agility to take on the tough cases and win. 

We are ready to take action and hold negligent professionals to account to right wrong. 


Can I represent myself, or do I need a lawyer for negligence?

Self-representation is an option, but not an option we recommend to ensure a successful outcome. It requires a thorough understanding of the law, your legal rights, and entitlements, plus a lot of time and effort on your behalf to successfully move your case forward.   

Most people choose not to act for themselves and instead engage experienced professional negligence lawyers who are experts in their field and can provide the knowledge and experience required to guide a case to a successful outcome. 

Why trust Shine to be my professional negligence lawyers?

Here at Shine, we put you first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to support you, guide you and stand with you as you seek the justice you deserve.   

Our empathy, understanding and expertise is how we stay ahead of the pack and you can feel secure knowing we have your back from start to finish. 

Where are the professional negligence lawyers from Shine located?

Access to justice is important to us, and when it comes to Shine, location is no barrier. We can easily arrange an obligation-free virtual or over the phone appointment. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment. 

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