ARTICLE
3 March 2025

Professional Negligence: Real-World Lessons and Practical Guidance

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PCL Lawyers

Contributor

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How negligence in professional services can have far-reaching consequences.
Australia Law Department Performance

In this next episode of the Legally Briefed podcast by PCL Lawyers we continue on discussing the practice area of professional negligence. In this third instalment, Joanna Shaft expands on how negligence in professional services can have far-reaching consequences.

Real-World Lessons: Avoiding Negligence in High-Stakes Situations

Joanna reflects on cases where seemingly minor oversights snowballed into serious issues, leaving clients vulnerable and professionals exposed. "Negligence doesn't just hurt the client—it damages the trust that underpins every professional relationship and has the potential to create a bad stigma for the profession," she observes.

Listeners are urged to consider how vital it is for professionals to stay vigilant in their duties and for clients to seek out expertise. Whether it's a lawyer navigating complex regulations or an accountant advising on complex structures, the stakes couldn't be higher.

The Human Side of Negligence

The human element of negligence doesn't arise normally from malice but rather from overconfidence, underestimation of the complexity of the matter or simply, a lack of experience and skills.

"You might trust someone with one area of expertise, but that doesn't make them a one-size-fits-all solution," Joanna notes.

This sentiment is echoed in a case study she discusses, where a client unknowingly received flawed advice on a commercial lease due to the lawyer's unfamiliarity with specific legislative nuances.

The outcome? A prolonged legal battle that could have been avoided with the right guidance.

Engaging Professionals For The Right Advice

Joanna highlights the importance of asking the right questions before engaging a professional. "Don't hesitate to ask about their experience in the specific area of law you need help with or for examples of the outcomes of similar matters to yours," she advises. "It's your right as a client to ensure you're in good hands."

Whether you're a professional looking to safeguard your practice or a client wanting to make informed decisions, this episode has something for you.

"Negligence may seem like an abstract concept, but its consequences are very real—and often preventable," Joanna concludes. Often clients will have a hunch that their professional is not up to the task but are reluctant to end the relationship for various reasons.

If you have reservations about a professional's skill set, seeking a second opinion is a good way to ensure that you are protected and will give you peace of mind.

At PCL Lawyers our litigation lawyers are skilled in helping clients navigate professional negligence claims. Our team have extensive experience in each stage of disputes and work to ensure that you get a favourable outcome quickly. Speak to our professional negligence lawyers for quality advice and assistance.

The episode also underscores the value of working with firms like PCL Lawyers, where commercially sound advice and collaboration ensure that clients receive the right support.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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