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Well-Known Member
7 February 2018
I am involved in a legal case and apparently the other parties Lawyer has made a major mistake in Law early on in the piece. After 4 years and $ 20,000 expended I ceased being self- represented and engaged a lawyer myself. As advised by my new lawyer it is likely that the other parties counterclaim will be struck out as there is no provision in the particular legislation to counterclaim .
As this mistake has caused me considerable costs, I am considering if there is any value in lodging a complaint against the other parties lawyer with the Legal Practice Board of WA and/or seeking compensation from the lawyer ?

Rob Legat - SBPL

LawTap Verified
16 February 2017
Gold Coast, Queensland
I'm not familiar with the intricacies of the WA version of things, but you can't generally lodge a complaint against another lawyer for the legal costs you've incurred with yours.

What I'd suggest is that:
(a) If you settle your existing case, you make provision for the lost costs to be recouped; or
(b) If the matter proceeds, you instruct your new lawyer to make a costs application against the other side on the basis of what's happened. It's not unheard of for the court to grant a costs order against a legal practitioner personally where their conduct has caused delay or cost to a party.