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Are lawyers immune for their mistakes?

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  • Are lawyers immune for their mistakes?

    Hi,

    The lawyer represented ex, made some major mistakes in our case which caused few unneeded court appearances. I am not 100% sure if this was a professional mistake, or actual intentional tampering with exhibits - likely the later, but would be hard to prove.

    The lawyer was notified of a "mistake" in writing many months before court appearance, yet still proceeded and even threatened the other party, yet in court suddenly admitted a "mistake". My ratio behind lawyer artificially driving the litigation and legal bill is that he knew of a "mistake" yet proceeded with court. The costs were not ordered (as it was SC), but it was essentially the main reason why parties haven't settled and needed SC, and the biggest part of the preparation materials.

    That "mistake" did cost both sides to prepare material for court appearance, communications back and forth after etc. etc. - all in pretty significant amount of money, and actually spent by both applicant and respondent.

    Is there any possibilities making a lawyer who made a mistake (or intentionally falsified documents) accountable, or it would be dozens of thousands in legal fees with 0 or even negative outcome?

    If there are any lawyers here who'd be up to a challenge, please PM me.

    Sincerely





  • #2
    There's decisions on this.

    The Family Law Rules do provide the ability to assign costs to a solicitor. However, the legal lift required to do so is quite heavy.

    Also, there will be many inferences made against you for trying to target counsel.

    You're better off pushing for trial. Then if you really feel there was a culpable offence, you can contact the Law Society of Ontario.

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