Let's reduce the question to Canadian lawyers in immigration practice. Bad advice can cause loss of residency, lifetime ban and more. What's your recourse?


If the lawyer was negligent, you can sue

Note that negligence requires considerably more than just being wrong . Professional advice (including legal advice) requires assessment of risks and strategies and advising the client of these so they can make informed choices about their options. There is plenty of scope to make mistakes, however, a lawyer who does what a reasonable lawyer (not an expert lawyer) should do has not been negligent.

You cannot sue for anything done or said by the lawyer in court - this is a public policy thing to stop disappointed litigants from suing their lawyer if they lose.

  • Thanks for confirming my experience that paying a lawyer in important questions is a waste of money as they take no responsibility for their advice. – chx Aug 24 '20 at 1:46
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    @chx neither does your doctor - good luck with your self-performed surgery. You pay lawyers for the same reason you pay doctors, not because they know everything and never make mistakes but because they know more than you do and are massively less likely to make mistakes than you are. – Dale M Aug 24 '20 at 2:19
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    @chx Also worth noting that legal malpractice cases are won, sometimes for very large stakes, sometimes. This is part of my own practice and puts food on table. – ohwilleke Aug 24 '20 at 21:39

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