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“Lawyers’ Civil Liability - Loss of Chance” is the latest opinion piece by Tiago Henrique Sousa, Associate at the Litigation & Arbitration Department, for Advogar, on the performance of lawyers’ contractual and deontological duties towards their clients, and what results from the defective performance of such a service contract.
In cases where the lawyer fails to perform his duties, the injured client may resort to the claim for “compensation for loss of opportunity”, also called “loss of chance”, if there is a causal link between the wrongful conduct of the lawyer and the damages suffered by the client. However, "in order for compensation for loss for the opportunity to be verified, the injured client must demonstrate that obtaining an advantage, or avoiding an injury, was real, concrete, serious and significant", stresses the lawyer.
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