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Legal Ethics

Legal Ethics (3rd edn)

Jonathan Herring
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date: 10 December 2024

p. 2859. Negligence and lawyerslocked

p. 2859. Negligence and lawyerslocked

  • Jonathan Herring

Abstract

This chapter examines the circumstances in which a barrister and solicitor can be sued in negligence or for breach of contract. Clients can sue a solicitor based on the law of contract, the law of fiduciary duty, and the law of negligence. In general, a client is going to face an uphill battle in suing a solicitor or barrister. In relation to a breach of contract, it can be difficult to establish the breach of reasonable skill. In relation to negligence, proving breach of a duty of care and the causation of a loss is problematic.

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