Find Lawyers in Calgary, Alberta for Legal Malpractice Law
Practice Area Overview
There is extant litigation making its way through the courts where parties harmed by a lawyer’s tax opinion have sued on a “Hedley v. Byrne” theory where there was no direct retainer with the lawyer. There are other instances where a lawyer may be sued by a plaintiff who has no retainer, but for the vast majority of cases a lawyer will be sued referable to conduct carrying out the terms of a retainer.
“Legal malpractice” occurs when a lawyer conducts herself or himself in a manner referable to the retainer that fails to meet professional standards and such failings cause harm to the client.
A lawyer who fails to meet the accepted standard of practice by failing to exercise the care, skill, and diligence of a prudent member of the legal profession which causes loss to the client will be found to be negligent and in breach of contract and therefore liable to the client.
Since the needs of clients that give rise to legal representation are typically complex, it is necessary to use as an expert witness a lawyer similarly qualified as the lawyer being sued to establish the governing accepted standard of practice.
In the case of lawsuits against litigation lawyers, the entitlement to damages depends upon showing that the client would have succeeded in the underlying case if the lawyer had not breached his or her professional duties. In short, it must be shown that the lawyer’s failings likely resulted in an unfavourable outcome in the underlying action or put another way, a favourable result would have been achieved if the standard of practice was met.
It should also be borne in mind that a lawyer is responsible for the acts or omissions of his or her associates, clerks, and legal assistants.
Legal malpractice claims, as indicated, are typically complex and can be difficult to prosecute. The advice of lawyers skilled in this specialized area of law should be sought at an early stage to determine if a claim has merit and warrants prosecution.
PROFESSIONAL EXPERIENCE: Mr. Halt graduated as the gold medal recipient from the University of Saskatchewan in 1986 and in 1988-89 he had the honour of serving as a law clerk to Madam Justice Bertha Wilson of the Supreme Court of Canada. Following his clerkship, Mr. Halt relocated to Calgary and has since practised civil litigation, including insurance with an emphasis on professional liability, corporate commercial litigation, securities litigation, franchise litigation, insolvency, construc...
Carsten is a founding member and senior partner of JSS Barristers, the largest civil litigation boutique law firm in western Canada. His practice emphasizes complex and multi-party corporate and commercial litigation, commercial class actions, oil & gas litigation including royalty, environmental and CAPL issues, shareholder disputes, advising creditors and others in insolvency matters and professional negligence claims. During a leave of absence from JSS Barristers, he served as Senior L...
Jim Lebo finds legal solutions that protect businesses. With his detailed knowledge of the people and the intricacies of the court system, he guides his clients through every step of the litigation process with skill and expertise. Jim handles corporate commercial litigation, appeals, and arbitrations. He has specialized expertise in appeals for complicated regulatory proceedings as well as an interest in constitutional litigation. His clients come to him for help with a range of issues in ma...
Stacy was born and raised in Calgary, Alberta. She was the Managing Partner of JSS Barristers from 2015 to early 2018. She joined JSS Barristers as their first associate over 20 years ago after articling with a major Calgary law firm. Stacy's practice focuses on civil, corporate and commercial litigation, including professional negligence. She also has experience in class actions and insolvency. Stacy has appeared at every level of the Alberta courts and has conducted and assisted with numero...
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