• Negligence Claims
    Negligence Claims
    Personal injury claims are the most litigated matters in most jurisdictions around the globe.
  • Lawyer’s Duties
    Lawyer’s Duties
    The existence of the law has never been in question, but its preservation, application and enforcement has remained a tantamount responsibility in the society.
  • Valid Contracts
    Valid Contracts
    Traditionally commercial transactions were sanctioned by verbal agreements between contracting parties, and there were mechanisms of dealing with any forms of breach thereto.

A Lawyer’s Duty To The Client

The existence of the law has never been in question, but its preservation, application and enforcement has remained a tantamount responsibility in the society. It is a state’s responsibility to oversee the application of the rule of law through different arms of government, but this has to be done with sufficient complementarity from various professions in a given state. In this regard, the legal profession is the most instrumental when it comes to enforcement and preservation of the law of the land. Lawyers have responsibilities to their clients, the court, the legal profession and the society at large. Therefore every lawyer is bound by his profession to ensure that these duties are discharged faithfully and unfailingly.

A lawyer’s duty to his client represents the initial step towards promoting the rule of law and the conservation of justice in different spheres of society. There are different roles of a lawyer to his client, and they are elucidated as follows;

Duty To Accept Brief

This role is premised on the cab rank rule which dictates that a lawyer shall take up any case from on an area of law
that he professes to practice. In essence, this rule specifies that an attorney is mandated to represent anyone who desires to retain his legal services. The reasoning of this rule is that a lawyer is meant to use his skills to benefit the society as a whole and not selectively. However, there are exceptions from which a lawyer may disqualify himself from handling a case, and they include conflict of interest, embarrassment, inability to appear and difficulty in maintaining professional independence.


Attorneys must not disclose any form of communication or reveal the contents of any documents availed to him by his clients without consent to do so. Any confidential information that is disclosed in court is rendered inadmissible and cannot be used to further any claim thereto.

Duty To Uphold The Interests Of Client

A lawyer must strive to fearlessly uphold the interests of his client regardless of the repercussions that may arise from such actions. Attorneys have the responsibility to exercise due diligence and ensure that they keep their clients informed of any proceedings and advancements. Also, a lawyer is always mandated to seek the opinion and advice of his client so that his wishes are represented in court.

Duty To Render Proper Accounts

Professional ethics command that a lawyer must keep a separate account for his client. In this regard, lawyers must never use the client’s account and money for purposes that do not relate to the case. Also, an advocate should not misappropriate or misuse money belonging to his client, and if he does, then he is liable for professional misconduct.…

Essential Elements Of A Negligence Claim

Personal injury claims are the most litigated matters in most jurisdictions around the globe. In this claims, litigants go to court to assert that their rights have been violated and that a tortfeasor is bound to be held liable. Liability and compensation are the basis of all negligence claims, and therefore it is the responsibility of the plaintiff to prove that the defendant is responsible for injuries that he suffered. In order to recover in a claim of negligence, it is imperative that the plaintiff fulfills all the essential elements of negligence. Failure to substantiate any of these elements will absolve the defendant from any liability resulting from any such claim.

These Elements Of A Negligence Claim Are Illuminated As Follows;

A Duty Of Care

Negligence is based on a principle which is derived from the landmark case of Donoghue v Stevenson called “The neighbor principle”. This principle simply dictates that every person owes their neighbor a duty of care. A duty of care stipulates that one must always act reasonably and ensure that is actions do not risk the livelihood of another person(neighbor). This principle is not premised on the geographical proximity of individuals but the existence of a relationship between a defendant and a plaintiff. The existence of this duty is based on the view of any reasonable man.

Breach Of Duty

Having established the existence of a duty of care the plaintiff is required to ascertain that the defendant failed to exercise reasonable caution and in that regard acted negligently. The test in fulfilling the reasonability of the defendant is both subjective and objective. A defendant that consciously exposes a plaintiff to injury is liable for a breach of duty. Courts are usually keen to establish whether the tortfeasor could have foreseen an inherent risk and in that regard failed to prevent the risk.

Proximate Cause

The law requires that the injuries suffered in a negligence claim must be directly related to the actions of the defendant in the case. The plaintiff can only recover for the damages that fall within the foreseeable risks of the defendant’s actions. For example, in a road accident, the driver is only liable for the injuries suffered by the plaintiff in the accident and not injuries suffered prior or after.

Monetary Loss

As aforementioned, a claim of negligence is sought out for compensation from the defendant. Therefore it is a requirement in law that the plaintiff must show that he incurred a monetary loss in aiding injuries which were incurred from the accident. Documented evidence like hospital receipts could be used to prove and value the damages recoverable in a suit.…