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Professionals have specialist skills and are required to provide their services competently. If a professional falls below this standard and you suffer loss as a result, you may be entitled to bring a claim in negligence

Professional persons hold themselves out as having special knowledge or expertise in their field of practice. As a client, you trust their advice and, if it is wrong, it can cause you serious loss or damage.

When you engage a professional such as a lawyer, accountant, medical practitioner, engineer, or financial advisor, they are under a duty to perform their services with the competence and skill that is usual for persons practicing the specific profession.

When will I have a claim based on professional negligence?

You will have to prove that the professional person owed you a duty of care, that the professional breached that duty and that you have suffered damages as a result.

The standard of the services or advice provided to you will be measured against what is expected from a reasonable person in that profession. If the service or advice was below standard and caused you to incur damages or loss, you may have a claim for the loss you suffered.

Professional advisors or service providers are often required to have insurance against professional negligence and a successful claim will usually be paid by the insurance company.

Professional negligence claims against lawyers

If a lawyer has provided you with incorrect legal advice, failed to commence your claim within the limitation period, incompetently drafted a contract or other legal document, or their negligence caused you to lose a court case you may have a claim against them for professional negligence. You can claim the loss or damage suffered because of the lawyers’ incorrect advice or substandard service.

Professional negligence claims against accountants

Where an accountant has provided you with incorrect tax advice, wrongly analysed the financial position of a business for the purposes of an investment or purchase transaction or made accounting errors that caused you loss or damage, you may have a claim based on professional negligence against the accountant.

Professional negligence claims against financial advisors

If a financial advisor has recommended that you invest in a product and negligently failed to advise you about the risks involved in the investment or invested in the scheme for its own benefit to your detriment, you may have a professional negligence claim against the advisor.

If you would like to discuss any aspect of professional negligence or employment law please contact us.