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Professional Negligence Claims Against Lawyers

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.

No win no fee legal malpractice claims

Shine Lawyers operate on a “no win, no fee” basis, which means that you only pay our fees if your case is successful. The amount of damages paid for legal malpractice depends on the specifics of the case.

Whether you want to make a compensation claim against lawyer for negligence or just seek some advice, get in touch with us via the phone or using the contact form below.

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