Frequently Asked Questions About Legal Malpractice

Legal negligence, or legal malpractice, occurs when a lawyer fails to provide competent and professional services to their client, resulting in harm or damage. This can include actions that a reasonably competent lawyer would not have taken under similar circumstances, such as missing important deadlines, providing incorrect legal advice, or failing to investigate a case properly.

To prove legal malpractice, you must be able to demonstrate the following:

1. Duty of Care: The lawyer owed you a duty to provide competent legal representation.
2. Breach of Duty: The lawyer breached this duty by acting negligently or failing to act.
3. Causation: The lawyer’s negligence directly caused you harm or damage.
4. Damages Suffered: You suffered financial or other significant losses as a result.

Common examples of legal malpractice in personal injury cases include:

1. Missed Limitation Periods: Failing to file a claim within the legally required time limits.
2. Improper Legal Advice: Advising a client to accept a settlement that is significantly less than the case’s worth.
3. Inadequate Investigation: Not gathering necessary evidence or consulting with relevant experts, leading to a weak case.
4. Conflict of Interest: Representing clients whose interests are directly opposed, leading to compromised representation.
5. Failure to Communicate: Settling a lawsuit or claim without receiving claimants’ instructions beforehand.

Lawyer negligence in Ontario as it relates to personal injury lawsuits can include, but are not limited to:

• Failing to issue a lawsuit within the statute of limitations time prescribed by law.
• Failing to put the at-fault partyv on notice of your claim within prescribed time limits, affecting prejudgment interest or cost consequences.
• Failing to assess the value of general or special damages before recommending a suggested lawsuit value.
• Failing to claim for certain heads of damages (i.e., out-of-pocket expenses, income losses, etc.)