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Can I Seek Compensation?

Can I Seek Compensation when my lawyer is negligent?

All Manitoba lawyers (except those employed by government) are required to have professional liability insurance. The Professional Liability Claims Fund administers this insurance for lawyers.

If you believe you have sustained damages as a result of your lawyer’s negligence, you may make a claim for compensation.

A claim for compensation arising out of your lawyer’s negligence is different from a complaint regarding your lawyer’s conduct.
For more information see How to Make a Complaint.

Making a Claim in Negligence

To start a claim for loss caused by your lawyer’s negligence, you must notify your lawyer that you are going to make an insurance claim. Your lawyer is required to put the Professional Liability Claims Fund on Notice.

Alternatively, you can write to the Professional Liability Claims Fund and tell the Fund who your lawyer was, what you hired that lawyer to do, what that lawyer did (or did not do) that caused you to suffer damage and exactly what that damage was. You should include copies of any documents or other evidence that will prove your claim.

Sometimes, the lawyer’s error, the damage that results from the error and the monetary value of that damage is clear and easy to confirm and calculate. In these clear cases, the Professional Liability Claims Fund will pay your claim without requiring you to take any further steps. However, if the Professional Liability Claims Fund does not agree there is an error or disputes the damages claimed, you may have to sue the lawyer in the courts.

For more information on how to make an insurance claim, contact:

Tana Christianson, Director | Insurance

Kate Craton, Claims Counsel | Insurance

James Cox, Claims Counsel | Insurance

William Barnstead, Claims Counsel | Insurance

Can I seek Compensation when my lawyer has stolen my money or Property?

The Law Society maintains a Reimbursement Fund to repay people whose trust monies have been misappropriated by a lawyer.  To be paid out of the Reimbursement Fund, you must first make a complaint to the Complaints Resolution Department alleging that your lawyer has misappropriated money or property you entrusted to them in their capacity as a lawyer. That complaint will be investigated by the Complaints Resolution Department. If your lawyer is convicted of misappropriation, your complaint will be referred to the Reimbursement Fund which reimburses clients by paying back the funds that were misappropriated. You do not have to sue the lawyer or law firm. Some limitations apply.

For general  information about the Reimbursement Claim process contact Tana Christianson by email at tchristianson@lawsociety.mb.ca or by phone at (204) 926-2011.