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Professional Negligence

When can you claim against a lawyer, accountant, adviser or other professional?

Professionals must meet the standard of a reasonably competent practitioner in their field. A claim requires more than a poor outcome: you must show the advice or service fell below that standard and that the failure caused your loss. Two routes run in parallel and are frequently confused - a regulator complaint addresses the professional's conduct and cannot compensate you, while a civil claim recovers loss and has its own limitation period.

What to do next

  1. Get your complete file

    You are generally entitled to your file from a lawyer, accountant or adviser. Request it in writing. The file, including notes of advice given, is what establishes what was and was not advised.

  2. Identify the failure and the loss it caused

    A missed limitation period, a defective document, advice that ignored a material risk, or a failure to warn. Then the harder question: what would have happened had it been done properly? Causation defeats more of these claims than standard of care.

  3. Get an independent opinion from the same profession

    Standard of care is generally established by expert evidence from a comparable practitioner. Without it these claims rarely proceed, and a preliminary view early can save considerable cost.

  4. Use the regulator, knowing its limits

    The law society, CPA body, engineering or architecture regulator can investigate conduct and discipline. None can award you compensation, and a complaint does not pause your civil limitation period.

  5. Consider the fee dispute route where fees are the issue

    Legal fees can often be assessed or arbitrated through the law society - faster and cheaper than a negligence claim, and a separate route from a claim for loss.

Frequently asked questions

Is a bad outcome negligence?

No. Professionals are not guarantors of results. The question is whether the work fell below the standard of a reasonably competent practitioner and whether that caused your loss.

Will a regulator complaint get my money back?

No. Regulators address conduct and can discipline. Compensation requires a civil claim, and that deadline runs whether or not you complained.

My lawyer missed a deadline on my case.

That is a common basis for a claim, but you must still show the underlying case had value. A lawyer will assess the lost claim as part of assessing the negligence claim.

Who handles these claims?

A professional negligence litigator. Many professionals carry mandatory insurance, which affects both how claims are defended and how they settle.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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By submitting, you agree to be contacted about your inquiry. This is not legal advice and does not create a lawyer–client relationship.

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  • Arbitration & Dispute Resolution
  • Boundary Disputes
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Go deeper

Guides, Forums & Where This Is Decided

Background reading and the bodies that hear professional negligence matters.

Related guides

Where this is decided

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