The duty of care of professionals, proof of negligence and causation, and defense against a claim.
What is professional negligence?
A professional, lawyer, accountant, appraiser, engineer, architect, consultant, broker, owes the client a duty of care: to act with the skill and diligence that a reasonable professional in that field would employ. A deviation from this standard that caused damage gives rise to a cause of action in negligence, and usually also for breach of the engagement agreement. Common examples: a lawyer who missed a limitation period or did not check property registration; an accountant who made an incorrect report that led to fines; an engineer who approved a faulty design; an appraiser who gave a negligent valuation on which a transaction relied.
What must be proven?
Four elements: duty of care, which almost always exists in professional-client relations; negligence, a deviation from accepted practice; damage; and a causal link between the negligence and the damage. The evidentiary key: an expert opinion from the same field, establishing what the professional should have done and what was actually done. In claims against lawyers, it is usually also necessary to prove a "case within a case": that but for the negligence, the legal outcome would have been different.
For those being sued: not every failure is negligence
A professional is not an insurer: the exercise of reasonable judgment that is later found to have been mistaken is not negligence, and a choice between accepted schools of thought is protected. The defense is built on documentation of the work, powers of attorney, exclusion letters, protocols, and correspondence, as well as on a counter-opinion. Important: if professional liability insurance exists, its terms and the duty to report to the insurer should be checked immediately upon receipt of the demand letter.
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Israel Arama represents clients harmed by professional negligence, and professionals sued for it, in cooperation with leading experts in every field. Contact us for an initial consultation without obligation.
What is professional negligence?
A professional, lawyer, accountant, appraiser, engineer, architect, consultant, broker, owes the client a duty of care: to act with the skill and diligence that a reasonable professional in that field would employ. A deviation from this standard that caused damage gives rise to a cause of action in negligence, and usually also for breach of the engagement agreement. Common examples: a lawyer who missed a limitation period or did not check property registration; an accountant who made an incorrect report that led to fines; an engineer who approved a faulty design; an appraiser who gave a negligent valuation on which a transaction relied.
What must be proven?
Four elements: duty of care, which almost always exists in professional-client relations; negligence, a deviation from accepted practice; damage; and a causal link between the negligence and the damage. The evidentiary key: an expert opinion from the same field, establishing what the professional should have done and what was actually done. In claims against lawyers, it is usually also necessary to prove a "case within a case": that but for the negligence, the legal outcome would have been different.
For those being sued: not every failure is negligence — what is important to know?
A professional is not an insurer: the exercise of reasonable judgment that is later found to have been mistaken is not negligence, and a choice between accepted schools of thought is protected. The defense is built on documentation of the work, powers of attorney, exclusion letters, protocols, and correspondence, as well as on a counter-opinion. Important: if professional liability insurance exists, its terms and the duty to report to the insurer should be checked immediately upon receipt of the demand letter.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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