The standard to be expected of a solicitor

A difference of opinion

In many cases, legal advice is either right or wrong. But it is also important to appreciate that the law is not always such a precise science. There are often two differing but equally respectable viewpoints on many points of law. Simply because two (or more) solicitors take opposing views on a point of law does not mean that one of them must be negligent.

As one court put it: a solicitor is not guilty of negligence if he has acted in accordance with the practice accepted as proper by a reasonable body of solicitors. Putting it the other way round, a solicitor is not negligent, if he is acting in accordance with such a practice, merely because there is a body of opinion who would take a contrary view.