The simple answer to the above question is, obviously yes. So, if a lawyer gets the law wrong, have they been negligent?
The answer is, not necessarily. That might seem odd. However, there is some logic to the statement.
There are some aspects of law which all lawyers should know but, ‘The Law` has a very wide meaning, and it can be highly complex and intricate. No lawyer is expected to have an encyclopaedic knowledge of the entire law of a particular country.
Lawyer negligence claims
A negligence claim can be bought against a lawyer where the advice is obviously incorrect and where there is no room for argument.
However, where a lawyer gets a difficult point of law wrong, or expresses a wrong but reasonable opinion and care, they might not be negligent. Whether a lawyer has been negligent will depend on whether the opinion which was given was a reasonable one.
If an opinion is reasonable or not will come down to some extent on what expertise the lawyer claims to have. If a lawyer says they practice in a particular area of law, then they will be expected to have a greater depth of knowledge in that legal area.
Even so, the more difficult the point of law or procedure, the more likely the opinion will not be negligent.
What is a difficult point? Well that depends…
These are fine distinctions. The quality of advice, or the lack of it, can have a significant impact on a client.
How can Nelsons help?
If you think that a lawyer might have got it wrong, whatever the circumstances, then it is certainly worth checking it out.
Please contact a member of our Professional Negligence team on 0800 024 1976 or via our online form for further information on making a claim for lawyer negligence.