A. Solicitors’ professional negligence
Professional negligence by a solicitor happens when the solicitor fails to use the reasonable skill and care expected of a competent solicitor in the relevant area of practice. A solicitor should warn the client about obvious legal risks, suspicious circumstances and hazards in a proposed course of action, and should make sure that the client understands the advice given. A solicitor is not normally required to advise on whether a transaction is commercially wise, but may have to do more where the client is inexperienced or is clearly relying on the solicitor for broader guidance.
Common examples include failing to investigate title properly, missing suspicious circumstances, failing to advise that a claim is hopeless, or following a common practice that exposes the client to a foreseeable and avoidable risk. Hong Kong courts have also treated the absence of an attendance note or other written record as a strong indication against a solicitor’s claim that proper advice was in fact given. In some situations, a solicitor may owe a duty of care to a non-client, such as an intended beneficiary under a will or another person who reasonably relies on the solicitor’s assumption of responsibility.
