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If you hire an immigration lawyer or licenced representative, you expect them to do their job competently. If they fail to meet the professional standard expected, you may have a claim against them for professional negligence. This means they failed to fulfill their professional duties or obligations to you, the client.
To proceed with a claim for professional negligence against an immigration attorney or advisor, you must first prove that they meet these three requirements for professional negligence.
A Duty Of Care Must Exist Between The Parties
There Must Be A Breach Of The Duty Of Care
The Person Must Haave Suffered A Loss Or Injury
They owe you a duty of care. The contract between you and the lawyer usually satisfies this requirement. The immigration attorny is responsible for performing their tasks with reasonable care and to the expected professional standard. If they fail to meet this standard, you may be able to claim damages.
The court will award damages based on the total losses you incurred due to the negligence. It is important to keep track of any and all losses related to the negligence.
If your case sounds like it meets these requirements for a negligence claim, set up a free 30-minute Consultation.
Failing to advise clients of all available immigration options
Failing to submit documents
in a timely manner
Failing to provide clients with accurate
and complete information
Providing incorrect advice
or information
Charging clients fees which should be
paid by the employer, such as LMIA
Failing to disclose conflicts
of interest
Failing to act in a client's best
interests
Failing to maintain client
confidentiality
Charging excessive fees
for services.
Failing to upload the correct documents when filing on behalf of the client
If you believe your legal representation has committed any of the above acts of negligence,
If your client or someone you know has suffered from professional negligence from their immigration lawyer, please fill out this Referral Form, and we’ll be in touch to assist them
©2023 by Eoin Logan
Was it due to a mistake or negligence by your lawyer?
Find out the five steps you can take if you were denied a Canadian
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