In what circumstances can a solicitor be held liable for negligence or breach of contract?
Nova Scotia, Canada
The following excerpt is from MacCulloch v. Corbett, 1982 CanLII 3046 (NS CA):
In Nocton v. Lord Ashburton, [1914] A.C. 932 at p. 956, Viscount Haldane L.C. stated: My Lords, the solicitor contracts with his client to be skilful and careful. For failure to perform his obligation he may be made liable at law in contract or even in tort, for negligence in breach of a duty imposed on him.
In Hett v. Pun Pong (1890), 1890 CanLII 35 (SCC), 18 S.C.R. 290 at p. 292, Sir W.J. Ritchie C.J. stated: There can be no doubt that an attorney is liable for negligence in the discharge of his duty whereby his client has sustained damage, and I think an attorney is bound to bring to the exercise of his profession a reasonable amount of knowledge, skill and care in connection with the business of his client.
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