Best Lawyers for Legal Malpractice Law in Canada

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Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Defamation and Media Law Legal Malpractice Law Insurance Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Legal Malpractice Law Insurance Law Product Liability Law Personal Injury Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Legal Malpractice Law Insurance Law Product Liability Law Personal Injury Litigation Director and Officer Liability Practice
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Legal Malpractice Law Corporate and Commercial Litigation Bet-the-Company Litigation Director and Officer Liability Practice Class Action Litigation Administrative and Public Law Securities Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Legal Malpractice Law
Lawyer
  • Location:
    Kitchener, Ontario
  • Practice Areas:
    Construction Law Corporate and Commercial Litigation Bet-the-Company Litigation Legal Malpractice Law
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Insurance Law Legal Malpractice Law Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Family Law Alternative Dispute Resolution Family Law Mediation Legal Malpractice Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Insurance Law Director and Officer Liability Practice Personal Injury Litigation Product Liability Law Class Action Litigation Legal Malpractice Law
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Appellate Practice Alternative Dispute Resolution Director and Officer Liability Practice Construction Law Legal Malpractice Law Corporate and Commercial Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Legal Malpractice Law Product Liability Law Insurance Law Personal Injury Litigation
Lawyer
  • Location:
    Québec, Quebec
  • Practice Areas:
    Legal Malpractice Law Administrative and Public Law Medical Negligence Appellate Practice Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Legal Malpractice Law Defamation and Media Law Securities Law Corporate and Commercial Litigation Director and Officer Liability Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Legal Malpractice Law Appellate Practice Corporate and Commercial Litigation Securities Law Administrative and Public Law
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Insurance Law Legal Malpractice Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Product Liability Law Corporate and Commercial Litigation Legal Malpractice Law Class Action Litigation Bet-the-Company Litigation Aboriginal Law Administrative and Public Law Appellate Practice
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Insurance Law Legal Malpractice Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Insurance Law Legal Malpractice Law Director and Officer Liability Practice Class Action Litigation Product Liability Law
Lawyer
  • Location:
    Ottawa, Ontario
  • Practice Areas:
    Labour and Employment Law Legal Malpractice Law Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Director and Officer Liability Practice Class Action Litigation Securities Law Legal Malpractice Law Corporate and Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Barrie, Ontario
  • Practice Areas:
    Medical Negligence Personal Injury Litigation Product Liability Law Legal Malpractice Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Personal Injury Litigation Legal Malpractice Law Corporate and Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Insurance Law Legal Malpractice Law Alternative Dispute Resolution Appellate Practice Director and Officer Liability Practice Construction Law Corporate and Commercial Litigation Bet-the-Company Litigation Personal Injury Litigation Product Liability Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Insurance Law Legal Malpractice Law Product Liability Law
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Legal Malpractice Law Director and Officer Liability Practice
Lawyer
  • Location:
    Edmonton, Alberta
  • Practice Areas:
    Insurance Law Legal Malpractice Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Legal Malpractice Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Labour and Employment Law Legal Malpractice Law Appellate Practice Bet-the-Company Litigation Director and Officer Liability Practice International Arbitration Alternative Dispute Resolution Defamation and Media Law Securities Law Corporate and Commercial Litigation Class Action Litigation

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Practice Area Definition

Legal Malpractice Law Definition

“Legal malpractice” is commonly used terminology for actionable wrongs committed by a lawyer carrying out the terms of a client’s retainer. Such actionable wrongs may be characterized as breach of contract, negligence, or breach of fiduciary duty. Lawyers, as part of a retainer, may be directed to hold and disburse funds, and so the lawyer becomes a trustee of funds and risks being sued for an actionable wrong in the nature of breach of trust.

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.
“Legal malpractice” is commonly used terminology for actionable wrongs committed by a lawyer carrying out the terms of a client’s retainer. Such actionable wrongs may be characterized as breach of contract, negligence, or breach of fiduciary duty. Lawyers, as part of a retainer, may be directed to hold and disburse funds, and so the lawyer becomes a trustee of funds and risks being sued for an actionable wrong in the nature of breach of trust.

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.