The most appropriate to obtain the result expected by his client. But that is not always considered a violation of Lex artis. Yes, a violation of the Lex artis has been observed, in these cases: for not informing their clients of fundamental aspects of the process (or doing so untimely), for a clearly incorrect procedural strategy, for not carrying out the necessary actions or for not presenting appeals. in time and form. How is the existence of damages determined? The jurisprudence has specified that, in the case of subjective liability of a contractual nature, the burden of proof of the lack of diligence in the professional provision, of the causal link with the damage caused and of the existence and scope of this, corresponds to the party demanding compensation for breach of contract.
To determine the existence of damages
As well as the amount for which the injured client must be compensated, the jurisprudential doctrine on the liability of lawyers for frustration of judicial actions is applied. According to this doctrine, the determination of compensable damage is made based on the so-called “loss of opportunity”, which Brazil WhatsApp Data requires a prior judgment to be made on the probability of success of the frustrated action. The professional civil liability of the lawyer Once it is determined that there have been damages, it is necessary to review whether the lawyer has breached the Lex artis. This may be, as we have said previously, due to a professional error or something more serious, such as malpractice.
If the lawyer’s breach of Lex artis and the existence
Of damages are proven, then it will be necessary to determine. Whether there is a causal relationship between the lawyer’s actions and the aforementioned damages. If there is, then there will be professional civil liability of the lawyer. His professional civil liability insurance will come into play. To cover him for possible compensation that he may have to face. How is compensation for damages calculated? The casuistry Portugal WhatsApp Number List is very varied. So the determination of the amount will depend on the circumstances of the specific case. Jurisprudence recognizes two types of compensable damages and establishes general guidelines for each of them. Moral damage derived from the deprivation of the right to effective judicial protection. Regardless of the success of the claim (compensable damage but difficult to prove).