The fiduciary duty between professionals and their clients mandates the professionals to exercise their best knowledge and skill in discharging their responsibilities towards the client. Any professional must act in good faith and diligence to ensure that his services are of admirable quality. However, in any industry, there is a probability of the presence of negligent, untrustworthy and unreliable personnel. Negligence cannot be tolerated, and various jurisdictions around the globe have put in place mechanisms to counter such inadequacy.
As aforestated, professional negligence is a breach of a professional’s duty of care towards his client. For example, the duty of care is envisaged in construction works where engineers can be held liable for construction defects. Construction law requires engineers to exercise due diligence and inhibit development projects from foreseeable flaws. Defects in construction can lead to the loss of life or irreparable damages.
This article hereby articulates some of the qualities you should look for in a professional negligence lawyer;
In essence, you must endeavor to secure an attorney that has specialized in a relevant field of the legal profession. For example, it is incomprehensible to hire a criminal law attorney to litigate in a company or commercial law matter. Therefore it is important to decipher the area of law that the professional malpractice falls under. This way, you can hire an attorney that is well versed with the dynamics required to advance your claim and recover substantive damages.
Specialization and experience will ultimately translate into enhanced skill and expertise. It is therefore recommended that you take the time to query an attorney about his area of specialty as well as the number of cases he has litigated successfully. Professional malpractice is dynamic, and therefore you need a lawyer that is experienced enough to guarantee the best outcome.
In essence, a claim of professional malpractice is hinged on the recovery of damages. Therefore your attorney must be willing and ready secure an out of court settlement or equally persuade the court to award substantive damages through case law and compelling arguments. A good negotiator will initiate discussions that will conclude in favor of the client.
The attorney must be easily accessible whenever called upon. A claim of professional malpractice necessitates regular consultations and negotiations between parties, and therefore the attorney must have a flexible schedule to guarantee availability.