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Hello, my name is Ben and it is my pleasure to assist you with your question today.
This could amount to potential professional negligence by the lawyer, although to be successful you would need to show that the professional fell below the standards of a reasonably competent professional, having regard to the standards normally expected in their profession.
This means that being given wrong advice will not automatically be negligent and that will only arise if you can satisfy the above requirement.
Another consideration is that to get any compensation you would have to sue the lawyer in question and convince the court that their advice had fallen below this standard. It means such claims are not necessarily going to be cheap as you will likely need specialist advice from other immigration lawyers who can confirm that what this lawyer did was not something a reasonably competent immigration lawyer would have given.
Another thing you have to show is causation, namely that the improper advice actually led to the losses you are claiming. For example, if the outcome could have gone a number of ways and it was not necessarily down to the advice you received but also due to the decision of the Home Office then it is unlikely the causation link would have been satisfied here.
The thing is that the mistake is obvious: I paid for the very specific advise: I showed the lawyer the full disclosure where it said that the conviction was done when, which one: assault and got a fine. My question was if I should disclose this conviction and if it is considered to be spent already: so that I will not be rejected.
The pawyer has not reposnded for
a while, then sent me a link form the internet saying that it is considered to be spent
but UKBA has RECENTLY changed the law on 13 Decemebr 2012
where the Rehabilitation act no longer applies and ALL convictions can eb considered unspent for 3 years, so not possible to apply
the immigration laywyer was not aware of the new law that UI should wait for 3 year before submitting the application to UKBA
I cannot pass a judgment on whether the advice you received fell below the standard of a reasonable immigration lawyer in his position - only the court can decide that. All I can tell you is how to pursue this if you decide to do so.
This is a very useful guide about making such claims, what the law requires and the steps that are required:http://www.crippslaw.com/guidance/a-brief-guide-to-professional-negligence.pdf
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?