Find Lawyers in British Columbia, Canada 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.
Bryan is Associate Counsel with Harper Grey and the Chair of our Defamation, Privacy & Media Law Group. With a career spanning five decades, Bryan’s experience is vast, and he has represented clients across multiple industries. Over his lengthy career, he has provided advice and acted as counsel with respect to corporate and commercial disputes and all issues relating to aviation, real estate, contract, tort and defamation litigation. He has extensive experience and has represented ...
Geoff Cowper, KC is a leading general litigator and a leader of the Firm's Litigation & Dispute Resolution group. Geoff has served as counsel in leading private and public cases in Canada and internationally. These have included leading decisions with national and international dimensions respecting commercial law, public law and human rights.
Bruno De Vita, K.C. is a member of the firm’s litigation practice and the former Managing Partner of the firm. He practices in the area of civil litigation with an emphasis on insurance law, governmental liability, class action and personal injury litigation. His clients include major insurance companies, self-insured corporations, local governments, religious institutions and athletic associations. Mr. De Vita’s practice involves the handling of complex insurance coverage cases, ...
Mr. MacInnis, K.C. is a trial and appellate lawyer. Benchmark Canada has listed Mr. MacInnis as a “Litigation Star” in British Columbia since 2012. Mr. MacInnis is recognized in Best Lawyers Canada in the fields of Corporate Commercial Litigation and Alternative Dispute Resolution. He regularly appears as counsel in the B.C. Supreme Court and Court of Appeal. Mr. MacInnis acts for corporations, both private and public, as well as individuals. Mr. MacInnis’ practice is focuse...
Kelly Murray joined Whitelaw Twining in 2017. Prior to joining the firm, Kelly worked for over 17 years with boutique litigation firms in Vancouver and focussed her practice on professional liability claims. Before that she gained early trial experience as an Assistant Crown Attorney in Ontario for four years. She now continues her professional liability practice at Whitelaw Twining defending real estate agents and lawyers against claims made against them in their professional capacity. Kelly...
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