Best Lawyers for Legal Malpractice Law in Canada

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Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Product Liability Law Insurance Law Legal Malpractice Law Personal Injury Litigation
Lawyer
  • Recognized Since: 2014
  • Location:
    Edmonton, Alberta
  • Practice Areas:
    Personal Injury Litigation Legal Malpractice Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Insurance Law Defamation and Media Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Hamilton, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Professional Malpractice Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Hamilton, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Legal Malpractice Law Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Insurance Law Product Liability Law Legal Malpractice Law Personal Injury Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Personal Injury Litigation Insurance Law Director and Officer Liability Practice Product Liability Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Director and Officer Liability Practice Administrative and Public Law International Arbitration Class Action Litigation Securities Law Legal Malpractice Law Appellate Practice Corporate and Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Recognized Since: 2013
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Professional Malpractice Law Legal Malpractice Law Corporate and Commercial Litigation Insurance Law Alternative Dispute Resolution
Lawyer
  • Recognized Since: 2008
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Corporate and Commercial Litigation Legal Malpractice Law Insurance Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Legal Malpractice Law Insurance Law Construction Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Product Liability Law Legal Malpractice Law Insurance Law Class Action Litigation Director and Officer Liability Practice Personal Injury Litigation
Lawyer
  • Recognized Since: 2008
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Construction Law Appellate Practice Corporate and Commercial Litigation Bet-the-Company Litigation Legal Malpractice Law Alternative Dispute Resolution Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Insurance Law Personal Injury Litigation Legal Malpractice Law Product Liability Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Legal Malpractice Law Personal Injury Litigation
Lawyer
  • Recognized Since: 2011
  • Location:
    Québec, Quebec
  • Practice Areas:
    Appellate Practice Medical Negligence Legal Malpractice Law Administrative and Public Law Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Legal Malpractice Law Alternative Dispute Resolution Defamation and Media Law Securities Law Corporate and Commercial Litigation Real Estate Law Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Securities Law Administrative and Public Law Legal Malpractice Law Appellate Practice Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Construction Law Legal Malpractice Law Appellate Practice Corporate and Commercial Litigation Product Liability Law Alternative Dispute Resolution
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Legal Malpractice Law Insurance Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Edmonton, Alberta
  • Practice Areas:
    Personal Injury Litigation Corporate and Commercial Litigation Legal Malpractice Law Natural Resources Law Construction Law Insurance Law International Arbitration Alternative Dispute Resolution Director and Officer Liability Practice Bet-the-Company Litigation Securities Law Product Liability Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Director and Officer Liability Practice Class Action Litigation Product Liability Law Legal Malpractice Law Insurance Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Legal Malpractice Law International Arbitration Director and Officer Liability Practice Class Action Litigation Administrative and Public Law Corporate and Commercial Litigation Bet-the-Company Litigation Alternative Dispute Resolution Securities Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Barrie, Ontario
  • Practice Areas:
    Legal Malpractice Law Medical Negligence Personal Injury Litigation Product Liability Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Legal Malpractice Law Class Action Litigation Personal Injury Litigation Appellate Practice Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Personal Injury Litigation Product Liability Law Legal Malpractice Law Alternative Dispute Resolution Appellate Practice Insurance Law Construction Law Corporate and Commercial Litigation Bet-the-Company Litigation Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2021
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Legal Malpractice Law
Lawyer
  • Recognized Since: 2012
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Legal Malpractice Law Insurance Law Construction Law Product Liability Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Edmonton, Alberta
  • Practice Areas:
    Administrative and Public Law Insurance Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Insurance Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Real Estate Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Director and Officer Liability Practice International Arbitration Defamation and Media Law Securities Law Corporate and Commercial Litigation Class Action Litigation Bet-the-Company Litigation Labour and Employment Law Appellate Practice Legal Malpractice Law Alternative Dispute Resolution

  • Recognized Since: Ones to Watch Since:
  • Location:
  • Practice Areas:

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.

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.

Morse Shannon LLP

Morse Shannon LLP logo

“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.