Lawyers for Malpractice in Edmonton

Lawyers for malpractice can help you navigate the complexities of professional negligence claims. Our lawyers at Sidhu Personal Injury Lawyers Edmonton fully understand and navigate the law. While losing a case alone isn’t grounds for a lawsuit, errors or omissions made by your lawyer may warrant legal action.

If you received poor advice, were advised to accept an unclear settlement, or suffered serious financial losses due to negligent acts committed by your counsel, you might be a victim of legal malpractice. Schedule a consultation with Sidhu Law today.

When to Sue Your Lawyer for Misconduct

Misrepresentation of professional regulation, misconduct, or negligence can take various forms, depending on the nature of the client-lawyer relationship and the lawyer’s specific role in your case. Reach out to Sidhu Personal Injury Lawyers Edmonton if you find yourself in these common scenarios.

Breach of Fiduciary Duty

The relationship between a client and an attorney is a strict fiduciary one. As the fiduciary, your lawyer in Alberta must prioritize your best interests.

This duty involves trust and confidence, requiring the lawyer to act honestly, fairly, loyally, and in good faith. You can sue your lawyers if they breach this duty by prioritizing their own interests ahead of yours.

Facts or Law Misrepresentation

Cases on the Supreme Court are built on facts and principles. A lawyer’s primary role is to gather and present facts while structuring arguments based on their comprehension of the law. If lawyers represent clients without fully grasping the relevant facts or issues of the case, they breach their duty of care.

Conflict of Interest

A conflict of interest occurs when your lawyer cannot represent you impartially due to the circumstances of your lawsuit or their relationship with the opposing party.

Breach of Contract

In every client-lawyer relationship, both parties have strict contractual obligations to one another. While the terms of these contracts can differ significantly among lawyers, clients, and cases, every attorney must fulfill their obligations as outlined in the contract.

Negligence in Legal Representation

Refers to failing to meet the standard duty of care expected in lawful practice. If your attorney compromises your case by making avoidable mistakes that a competent lawyer would not make in similar circumstances, you have grounds to sue for negligence.

Examples of negligence in representation we usually encounter:

Administrative errors
Missing deadlines
Inadequate professional conduct
Lack of due diligence
Misplacing case documents, files, or evidence

Know and Uphold Your Rights with Sidhu Lawyers

Knowing your rights when working with an attorney is important for getting the representation you deserve. Our legal counsel at Sidhu Personal Injury Lawyers Edmonton shows legal knowledge, professionalism, and preparedness.

We recognize that the Canadian judicial system guarantees you the right to counsel, which means our lawyers must inform you about your rights and obligations during the trial and how to exercise them.

The fundamental rights you can expect from our team:

Right to Confidentiality	You have the right to solicitor-client privilege. All communications between you and us are kept confidential.
Right to Be Informed	Clients should be updated about the status of their case, including the strategies being employed, the applicable laws, potential counters to the opposition, and important timeframes. Staying informed is necessary for making educated decisions regarding your representation.
Right to Make Decisions	While we can provide guidance and advocate on your behalf, you retain the right to make decisions concerning your case. This means you should be actively involved in discussions about significant matters.
Rights Related to Lawful Fees and Expenses	The attorney-client agreement should clearly outline the fees and any related expenses. From the outset, you should know exactly how much you will pay, what services the fees cover, and the payment schedule.

What Do Malpractice Cases Usually Require?

Our experts at Sidhu Personal Injury Lawyers Edmonton know that these cases need expert testimony to establish the standard of care expected in the legal profession. This involves an expert witness—usually an experienced lawyer—who can provide the court with their opinion based on a thorough review of your case.

In addition to a legal expert, depending on the specifics of your case, you may also need other expert witnesses. This could include:

Doctors or Physicians (and other healthcare professionals) for medical malpractice cases
Accountants for business litigation
Other specialists (e.g., architects, engineers, etc.) who have the expertise or knowledge of your situation

While many valid cases may not be economically feasible to pursue, we encourage you to contact us if you think you have been a victim of legal or any misconduct. Our legal team will assess your situation and determine how we can best assist you.

Challenges in Proving Lawyer Misconduct

Proving a breach of ethics can be a complex and challenging process. Our team must demonstrate that the opposing party mishandled your case to succeed in a misconduct or professional negligence case against your counsel. This normally requires solid evidence, including expert testimony and thorough documentation.

We are also prepared to address potential defences your previous attorney may raise during the trial. Here are three common defences we commonly encounter:

No Causation	Attorney argues that there is no link between their actions and the damages you’ve suffered.
Beyond the Scope of Representation	Counsel claims their actions fell outside the lawyer-client relationship and, therefore, their duty of care.
Honest Error in Professional Judgment	Counsel maintains that they made the best possible decisions at the time, even if those decisions did not yield favourable results.

Pursuing a lawsuit for professional liability can often lead to wasted time and resources if you don’t have the necessary facts and evidence. That’s why, before filing a claim, consult with our dependable attorney at Sidhu Personal Injury Lawyers Edmonton. We can evaluate the strength of your case.

Get Proper Guidance and Representation With Sidhu Law Firm

Navigating the complexities of malpractice can be daunting. If you believe you have suffered from legal misconduct, seek professional guidance right away. At Sidhu Personal Injury Lawyers Edmonton, our compassionate team can help you with your situation and obtain the compensation and justice you deserve.

Don’t hesitate to contact us for a free consultation to learn about your options, understand your rights, and protect your best interests.

Frequently Asked Questions

Is medical misconduct a part of professional malpractice claims?

Medical misconduct is a specific type of professional misconduct involving healthcare providers failing to meet the standard of care, resulting in injury or harm to a patient. A medical malpractice lawyer can navigate the complexities of the cases.

Common medical malpractice claims arise from medical negligence, such as misdiagnosis, surgical errors, or improper treatment. These medical errors can lead to serious personal injury for patients, which can be reasonable grounds for pursuing medical malpractice litigation.

Is a legal malpractice claim the same as a medical malpractice claim in Edmonton?

Medical and legal claims are not the same. The latter involves negligence by a lawyer in handling a client’s case, such as misrepresentation or conflicts of interest.

In contrast, medical misconduct pertains to medical practitioner negligence, like a wrong diagnosis or improper treatment. Each type of claim has different standards of care, procedures, and expert testimony requirements.

What is the statute of limitations for filing a lawsuit against an attorney?

Under Alberta’s Limitations Act, you have two years from the date you first discover, or ought to have discovered, that your lawyer’s negligence caused you harm. This limitation is the same as in personal injury claims, so it’s best to reach out to us immediately. After this two-year period, you may lose your right to pursue compensation.

What's the difference between malpractice and negligence?

Malpractice: Occurs when a professional, like a doctor or lawyer, takes improper or harmful actions, violating their duty and causing harm to a client or patient.
Negligence: Refers to a failure to take proper action or provide adequate care, leading to harm.

In both cases, harm must be proven to make a claim, but misconduct is usually seen as a type of negligence involving professional misconduct.