En advokats skadeståndsansvar - med särskilt fokus på Setterwalls-målet ur ett prejudikatperspektiv
Sammanfattning: Due to the fact that legal cases have recently emerged regarding a lawyer's liability for damages vis-à-vis his client, the conditions for this are clarified on the basis of the Court of Appeal over Skåne and Blekinge, case no. T1775-17, "Setterwalls case" and NJA 2018 s. 414, “A lawyer's liability for damages ”. A lawyer is, under contract law, liable to his client for any damage caused as a result of careless counseling. A prerequisite is that the mediated council falls within the lawyer's professional practice. In accordance with general contractual principles, adequate causality is required between the damaging act and the damage that has arisen. In order for liability to be upheld, the lawyer must have been careless in his actions. Hereby, a culpable assessment must be made based on the obligations and responsibilities of a lawyer. The responsibility is characterized by the knowledge a lawyer is supposed to have in his capacity as a legal expert and a member of the bar. The circumstances of the Setterwalls case differ from previous cases that the Supreme Court has decided on careless counseling. The counseling situation in the Setterwalls case can be said to have been reactive while in previous cases, or as in the lawyer's liability for damages, it has been a question of proactive occupation. From a precedent perspective, the Supreme court should include in the culpable assessment the risks of injury suffered by the injured party - which it is also aware of.
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