Consumer case against lawyer
Can we hold lawyers liable under Consumer law?
This has been an issue of debate. Since legal service is a profession, a lawyer is supposed to owe a 'duty of care' towards his clients. But it is very difficult to prove professional misconduct unless there has been a gross negligence because in the eyes of law, professional negligence is a tort and can be treated as a breach of contract as well.
To bring the claim under tort, a lawyer is considered to be the agent of the client. Hence owing 'duty of care' to the client. Any departure from that duty shall amount to 'breach of duty'. There must be an element of 'damage' to the client due to this breach on part of the advocate. However it is not very easy to prove that the advocate breached his duty towards his client unless there was gross negligence on his part.
However where there is a written contract between the client and the advocate, client can also sue the advocate for breach of contract for not fulfilling his contractual obligations.
- Sammanika Rawat
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