PROFESSIONAL NEGLIGENCE
PURSUING ACCOUNTABILITY FOR PROFESSIONAL ERRORS
Areas of Focus
Malpractice Claims Across Professions
We pursue professional negligence claims involving lawyers, accountants, engineers, architects, real estate agents and financial advisors. A claim requires assessment of the work performed, the applicable standard of care, whether a breach caused the loss, and the damages claimed. Expert evidence may be needed to address those questions. We work with expert witnesses and consider the professional's role, the relevant standards and the evidence available in the particular matter.
Fiduciary Duty & Trust Obligations
Professionals in positions of trust owe heightened duties to their clients. We handle breach of fiduciary duty claims involving conflicts of interest, self-dealing, misappropriation of funds, and failures to disclose material information. These claims often arise in relationships with lawyers, accountants, financial advisors, trustees, and corporate directors. Fiduciary breaches can support claims for equitable compensation, disgorgement of profits, and in egregious cases, punitive damages. We navigate the complex intersection of contract law, equity, and professional standards to protect clients from fiduciary wrongdoing.
Defending Professionals in Regulatory Proceedings
Facing discipline proceedings before a professional regulator can threaten your licence and livelihood. We have represented individuals before the Real Estate Council of Alberta, the Alberta Securities Commission, and the College of Chiropractors of Alberta. We are available to defend professionals before other regulatory bodies, including the Law Society of Alberta, CPA Alberta, and APEGA, in discipline hearings, practice reviews, and compliance matters.
Damages, Causation & Expert Evidence
Proving an error is only part of a professional negligence claim. The evidence must also address whether it caused the loss and how that loss should be measured. We retain expert witnesses for standard-of-care opinions, causation and damages, including economic loss and loss-of-opportunity claims. Claimed losses may include direct financial loss, costs to correct an error and other consequential loss; aggravated or punitive damages depend on the circumstances. We work with forensic accountants, technical experts and other relevant witnesses, and assess whether claimed losses are supported by the evidence.
Focused Professional Liability Representation
Professionals owe duties of care to their clients. When a professional's negligence causes financial loss or other harm, the injured party may pursue damages through a professional negligence claim. Baker Law Firm represents clients who have suffered financial loss due to professional negligence.
We handle professional negligence matters involving lawyers, accountants, engineers, architects, financial advisors, real estate professionals, and other regulated professionals. We understand the professional standards applicable to various professions and work with expert witnesses to establish allegations of negligence and quantify damages.
Professional negligence cases require particular knowledge of the applicable standard of care, causation principles, and damage assessment. We provide strategic guidance throughout the litigation process and pursue claims through negotiation and trial.
Get StartedCommon Professional Negligence Claims
Legal Malpractice
Claims against lawyers for missed limitation periods, conflict of interest, inadequate advice, failure to follow instructions, and errors in litigation, transactions, or estate planning.
Accounting Malpractice
Claims against accountants for audit failures, tax advice errors, financial statement misrepresentations, and failure to detect fraud or irregularities.
Engineering & Architectural Malpractice
Claims against engineers and architects for design defects, construction deficiencies, code violations, and failure to meet professional standards in project planning and oversight.
Financial Advisor Negligence
Claims against financial advisors for unsuitable investment recommendations, failure to diversify, unauthorized trading, and breach of fiduciary duty in managing client assets.
Real Estate Professional Negligence
Claims against real estate brokers, agents, and appraisers for misrepresentation, breach of duty to disclose material defects, valuation errors, and breach of fiduciary duties.
Insurance Broker Negligence
Claims against insurance brokers for failure to obtain requested coverage, inadequate coverage analysis, and errors in policy placement resulting in coverage gaps.
Frequently Asked Questions
When you suffer a financial loss due to a transactional lawyer's error, the primary option is to pursue a professional negligence claim. The first step is a thorough review of your file to determine if the lawyer's conduct fell below the required standard of care and directly caused your loss. If a viable claim exists, we can seek to recover your damages through a negotiated settlement or by commencing a lawsuit.
A professional must provide services with the skill, care, and diligence that a reasonably competent peer in their field would exhibit under similar circumstances. They are not required to be perfect, but they cannot be careless. In a legal claim, the specific standard of care is established through evidence, often from expert witnesses in that same profession who can testify as to what a competent professional would have done.
A claim against a lawyer requires proof that the work fell below the professional standard of care, that the breach caused a financial loss, and that the claim is brought within the applicable limitation period. Expert evidence may be required. The work involved, the cost of litigation and the amount of the loss affect the financial viability of a claim.
In Alberta, you generally have two years to file a claim from the date you knew, or reasonably should have known, that you suffered a loss due to a professional's error. There is also an ultimate deadline of ten years from the date of the act, regardless of when you discovered it. These limitation periods are very strict. If you miss the deadline, your claim will be barred, so it is crucial to seek legal advice as soon as you suspect a problem.
The two processes are very different. A civil lawsuit is a private dispute between parties, typically seeking financial compensation (damages) for a loss. In contrast, a professional discipline hearing is a public interest matter brought by a professional regulatory body (such as a law society or accounting designation body) against one of its members. The goal of a discipline hearing is not to award compensation, but to govern the profession and protect the public, with potential outcomes including fines, practice restrictions, or suspension of the professional's licence.
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Suffered a Loss From a Professional’s Errors?
Contact us to discuss your situation.
Phone: (403) 455-0339 Email: info@bakerlawfirm.ca