Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

My lawyer made a mistake – why can’t s/he be disciplined?

disciplined Lawyer mistake s
0
Posted

My lawyer made a mistake – why can’t s/he be disciplined?

0

Your lawyer has a duty to provide you with reasonable care and skill in the provision of legal services. Failure to correctly calculate the amount of stamp duty payable would probably be a mistake that would not constitute disciplinary action. Failing to know that a contract for the sale of land needs to be stamped before it can be registered, however, may be negligent to the extent that disciplinary action can be taken. Compensation is only available from the Tribunal in cases where the lawyer has been found guilty of unsatisfactory professional conduct (UPC) or professional misconduct (PM) and where you as the client have suffered a direct loss and you can’t receive compensation from another source. (For example, from the Fidelity Fund, Professional Indemnity Insurance or in civil proceedings in court) Compensation may be awarded by the Commissioner to a maximum sum of $10,000 and by the Administrative Decisions Tribunal to a maximum sum of $25,000.

Related Questions

Thanksgiving questions

*Sadly, we had to bring back ads too. Hopefully more targeted.