What is the test for a solicitor's negligence claim?
British Columbia, Canada
The following excerpt is from Trout v. MacEwen, 2011 BCPC 266 (CanLII):
As correctly detailed in the defendants' written argument, the following passage often appears in cases relating to claims for solicitor's negligence: The classic definition with respect to negligence of lawyers is found in Groom v. Crocker, [1939] 1 K.B. 194, [1938], 108 L.J.K.B. 296. Lawyers are bound to exercise a reasonable degree of care, skill and knowledge in all legal business they undertake. Their liability arises out of contract. The standard of care and skill which can be demanded from a lawyer is that of a reasonably competent and diligent solicitor. It is not enough to prove that the lawyer has made an error of judgment or shown ignorance of some particular part of the law; it must be shown that the error or ignorance was such that an ordinarily competent lawyer would not have made or shown it.
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