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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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If a lawyer in NSW has wrongly advised a client to run a case

Customer Question

If a lawyer in NSW has wrongly advised a client to run a case for damages because he had a good chance of success when it was shown that the client had no chance, what expenses incurred as a result can the client claim as compensation? Presumably the lawyer's bills paid by the client are claimable. But can they also include the time spent preparing an affidavit, attending to the lawyer's emails, attending meetings with the lawyer and so on? In other words, all expenses incurred which would not have been incurred 'but for' the running of the case?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
You may be able to sue the lawyer for negligence.
You can only sue for your losses. The time you spend on doing things on your own are not claimable.
If you lost wages because you had to take time off work that would be claimable.
But it would be a negligence claim and you have to show you suffered loss and you can only be compensated for that loss. Nothing more.
I hope this makes sense?