What Is Considered Legal Malpractice in Canada?

What Is Considered Legal Malpractice in Canada?

Legal malpractice is a serious and career ending accusation. This is because legal malpractice, at its core, causes harm to a person or an entity. Even if the accusation is false, the negative impact on your career and reputation could affect your ability to keep your job or even obtain work in the future.

What exactly is considered legal malpractice?
Unlike what some people believe, not every mistake that is made by a legal service professional in Canada falls under the category of legal malpractice. Legal malpractice is a term that is used to describe negligence, breach of fiduciary duty/contract by a legal service professional with the intent of harming the client. Keep in mind, however, that legal malpractice is not always carried out with the intention of harming others. It can also be unintentional.

Here are some examples of legal malpractice claims:

  • Failure to file documents on time
  • Failure to appear in court
  • Failure to apply laws properly
  • Fraud

Unfortunately, when it comes to deciding whether a legal service professional had the intent of causing harm or not, the line between what is considered “intentional” and “non-intentional” can be blurry. Furthermore, intention does not always play a key role in determining what kind of ramification an action will bring to a professional. In Canada, legal professionals are expected to face the consequences of their actions, regardless of whether their intentions were to perform to the best of their abilities.

If you are a legal executive, paralegal, legal secretary or legal skills trainer, currently living and working in Canada, preparing yourself for the worst-case scenario can go a long way. Don’t let one mistake change the course of your career. Request your free legal services professional liability insurance quote from EasyCover today. EasyCover enables you to request a free professional liability insurance quote and purchase insurance coverage online easily and within minutes. No waiting, no hassles, fast, effective insurance coverage available at your fingertips. You can also speak to one of our licensed insurance brokers by calling us toll free at 844-439-2683 or by using our live chat during regular business hours, MST time, Monday through Friday.