I have just finalised my property settlement, however when I…

When the lawyer is engaged, they are suppose to give you a work agreement called a ‘cost agreement’, which explains the legal service and fees. This is a very important document in raising a dispute if their is a question on the work done and the costs that have been incurred. Then where the cost agreement has exceeded its work parameters, the lawyer needs to provide an updated agreement to explain what is the work that continuing for the client.

The lawyer before acting or instructing the barrister must hold discussions with the client on the the facts that are to be argued in the court so the client can agree or disagree with the direction that has been proposed.

If the lawyer has failed to act in that way you can then dispute the lawyers work by raising a claim with the Legal Services Commissioner LSC.

The legal services commission can be contacted online with their online application form. The LSC will act promptly with investigating he matter.

When you raise the dispute with the LSC, the invoice payable will be placed on hold until a determination is made.

Where there was no work agreement from the lawyer, this will in aid in your situation, as this is a breach of the professional rules of a lawyer, and therefore some or all of the costs of the invoice may be void.

Where there is mishandling the lawyer will be punished .

The LSC will protect your legal rights if you have been wrongly or overcharged for the legal work provided.

In relation to this important matter, you will have a claim of negligence on the basis of breach of duty care by your lawyer.

You can raise a claim against your lawyer directly or through the legal services commissioner.

A plaintiff (you) making a claim in negligence must prove, on the balance of probabilities, that:

[1] the defendant (the other party) owed the plaintiff a duty to take reasonable care (as to the design or manufacture of the product, or as to the instructions or warnings provided with the product);

[2] the defendant breached this duty (they did not take reasonable care);

[3] the breach of duty caused or materially contributed to the plaintiff’s injury, loss or damage; and

[4] the injury or damage suffered was not too remote a consequence of the breach of duty.

The standard of care owed by a defendant is determined on a case by case basis and so will depend on the circumstances of each case. The courts will look to applicable professional standards, codes of conduct and evidence of “best practice” in the relevant industry in assessing the standard of care.

The statutes of limitation in force in each Australian jurisdiction may also give rise to a defence. They prescribe the general period within which an action for negligence must be commenced. Failure to commence proceedings within the required limitation period will bar the action, subject to the possible suspension or extension of the limitation period.

The general limitation period for an action in negligence is six years from the date when the negligent conduct occurred.

Negligence claims are generally for compensatory damages, although injunctive relief might also apply. Compensatory damages are awarded in order to compensate the injured plaintiff for the harm suffered, by returning them to the position they would have been in, absent the negligent conduct.

Your claim needs to be brought into the local court, where you will be able to claim against the other party all costs incurred and economic, which is lost income if you were not able to work as a result.

You will be able to claim compensation from your lawyer where they have failed to act properly.

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