Professional Negligence Actions

One of the worst possible betrayals is that of a professional who when tasked to protect and enforce your rights, neglects his or her duty and leaves you without recourse alternatively with a sub-standard settlement. A client is entitled to expect a suitable and trustworthy level of service rendered in accordance with the standards associated with that profession.

In practice, professionals such as attorneys, engineers and accountants are held to a higher standard of care when performing duties in the fulfilment of a mandate.

Failure by a professional to render his services with the requisite degree of care and skill may constitute negligence. If the conduct and actions of the professional fall short of what is expected of the reasonable expert in the same field then such conduct may very well be considered to be negligent.

This negligence can manifest in various forms, for example if an attorney allows a claim to prescribe. In such a scenario, the client will have a right of recourse against the practitioner for damages that have been suffered as a result of the attorney’s negligence.

Remember that not all errors in judgment or purported poor service constitute negligence. The law focuses on what the reasonable and prudent professional would have done in similar circumstances.