Professional Negligence & Fee Disputes

Representation in professional negligence claims against attorneys and in fee disputes. The office conducts proceedings before the courts and the Israel Bar Association.

The trust a person places in their attorney is among the deepest in professional relationships. When that trust is violated — whether through negligence, conflict of interest, or financial charges inconsistent with what was agreed — the damage can be economic, legal, and personal. Moldavski Law represents clients harmed by the failures and wrongs of attorneys who represented them, and conducts proceedings before civil courts and the Israel Bar Association.

Professional Negligence — What Is It and When Does a Cause of Action Arise?

An attorney owes a professional duty of care to their clients, derived from tort law and the Israel Bar Association rules. When an attorney deviated from the level of skill expected of a reasonable attorney in similar circumstances, and this deviation caused the client actual damage — a cause of action in professional negligence arises. Proving the claim generally requires presenting an expert opinion from a specialist attorney who will demonstrate the accepted professional standard and the extent to which the defendant deviated from it. Our office manages all stages of the claim, including locating the appropriate expert, building the evidence file, and breaking down the damage into its various components.

Missed Deadlines and Statute of Limitations

One of the most common and severe failures an attorney can cause their client is missing a critical procedural deadline — filing a statement of claim after the limitation period has expired, failing to file an appeal within the prescribed time, or failing to submit evidence on time leading to case dismissal. In these cases, the damage is often irreversible in terms of the original proceeding, but it can be compensated through a negligence claim. The court must examine what the chances of success of the original case would have been had it been filed on time — this is one of the most complex aspects of such claims, which our office is experienced in handling.

Poor Representation in Court

Poor representation does not include every strategy that turned out in hindsight to be wrong — losing a case in itself does not prove negligence. However, there are situations where courtroom conduct clearly fell below the minimum professional standard: failure to submit material evidence, failure to cross-examine key witnesses, representation without proper preparation, or failure to appeal an attackable judgment. Our office examines the underlying case in depth, identifies points of professional failure, and builds a claim demonstrating the causal link between the failure and the damage.

Erroneous Legal Advice

A client who received erroneous legal advice and acted upon it may find themselves facing fait accompli situations difficult to reverse — signing an agreement on poor terms based on a mistaken belief about their rights, waiving a claim based on a wrong assumption about its prospects, or taking action that went wrong due to a misunderstanding of the law. A negligence claim for erroneous advice requires proof that the advice was wrong by professional standards, that the client actually relied on it, and that but for the erroneous advice, the client would have acted differently and prevented the damage.

Failure to Disclose Conflict of Interest

An attorney must disclose to their client every conflict of interest — including representation of an opposing party in another case, a personal or business connection with the other party, and a personal interest in the outcome of the proceeding. Failure to disclose a conflict of interest constitutes a serious violation of professional ethics rules and in many cases gives rise to an independent tort claim. In addition to civil proceedings, a complaint can be filed with the Israel Bar Association that may lead to disciplinary proceedings against the offending attorney.

Negligence in Real Estate Transactions

Attorneys representing in real estate transactions bear heavy professional responsibility — checking the Land Registry, locating liens and attachments, checking building permits, drafting protective contract terms, and meeting registration deadlines. A failure in any of these may cause the client significant financial damage. Our office manages negligence claims in the real estate field while working with appraisers and relevant experts for damage quantification.

Breach of Duty of Confidentiality

The duty of confidentiality imposed on an attorney is absolute and stems from both the Israel Bar Association rules and the law of evidence. Disclosing client information without consent — whether to the opposing party, a third party, or publicly — gives rise to a tort claim and may also lead to disciplinary proceedings. In cases where disclosure caused actual damage, such as business harm, harm to pending legal proceedings, or reputational damage, compensation can be claimed for the full damage caused.

Fee Disputes — Excessive Billing

An attorney may not charge fees that are unreasonable relative to the work performed, the complexity of the case, and market norms. When a client receives an unitemized invoice, charges for hours not worked, or a bill that seems disconnected from the actual scope of work — the charge can be challenged both in civil litigation and before the Israel Bar Association's Fee Committee. Our office represents clients in these proceedings and helps them obtain refunds for unjustified charges.

Disputes Over Fee Agreements

Common disputes concern what exactly the fee agreement included, which services were covered and which excluded, and under what circumstances it could be modified during representation. A vaguely drafted fee agreement can open the door to financial demands the client did not expect. When such a dispute arises, our office examines the agreement in light of contractual interpretation rules and accepted professional practice.

Contingency Fee Arrangements

Fee arrangements contingent on outcome — where the attorney is entitled to a percentage of the awarded compensation — are subject to specific rules in Israeli law and limitations established by case law. Common disputes concern how the percentage base is calculated, whether a settlement reached is included in the arrangement, and the amount actually paid to the client after fee deduction. Our office represents clients who believe their attorney took more than agreed.

Withholding Client Funds

An attorney holding funds received on behalf of their client must transfer them without delay. Withholding funds — whether in a fee dispute or for any other reason — constitutes a serious violation of ethics rules and may give rise to a civil claim and lead to urgent disciplinary proceedings. In such cases, it is sometimes possible to act quickly to release the funds.

Frequently Asked Questions

Should a complaint be filed with the Bar Association alongside the civil claim?

The two proceedings are not substitutes for each other. The Bar complaint is a disciplinary proceeding aimed at punishing the offending attorney and does not result in monetary compensation. The civil claim, on the other hand, is intended to compensate the client for their damages. It is often recommended to pursue both proceedings simultaneously, as findings in the disciplinary proceeding can strengthen the civil claim.

What is the statute of limitations for a negligence claim against an attorney?

The standard limitation period in tort is seven years from the date the damage was caused, but when the damage was not known and could not have been known on the day it occurred, it is possible to argue that the limitation period begins from the date of discovery. It is important not to delay seeking legal advice, as gathering evidence and locating original case documents becomes more difficult as time passes.

Can I sue an attorney who represented me in a case I lost?

Losing a case in itself does not establish a negligence claim. It must be proven that the attorney acted in a manner that deviated from the accepted professional standard, and that but for this deviation the outcome would have been different. Evaluating the claim requires examination of the underlying case by an attorney experienced in professional negligence.

Can an attorney stop representing me in the middle of a case?

An attorney may terminate representation, but must do so in a manner that does not harm the client — with reasonable advance notice, transfer of all relevant documents, and taking necessary steps so the client can find alternative representation in time. An attorney who abandoned a client on the eve of a critical hearing, or who refused to transfer the case file pending a disputed payment, may bear professional liability for the resulting damage.

Must an attorney give me a copy of every document related to my case?

Yes. The client is the owner of the case in every respect, and has the right to receive a copy of every document prepared on their behalf or received in their name — including pleadings, opinions, correspondence with the opposing party, and rulings. An attorney who refuses to deliver documents, even if there is a fee dispute, acts contrary to professional ethics rules and may be subject to a complaint and lawsuit.

What is the difference between an error of judgment and professional negligence?

This is one of the most complex boundaries in the field. An attorney enjoys a margin of professional discretion — they need not be right in every strategic decision, and the mere fact that it was possible to act differently does not prove negligence. Negligence is determined by whether a reasonable and skilled attorney, with the same specialization and in similar circumstances, would have acted the same way. The more pronounced the deviation from accepted practice and the clearer the resulting damage — the stronger the cause of action.

Can compensation for emotional distress be claimed in addition to economic damage?

In professional negligence claims, it is possible in certain circumstances to also claim compensation for non-pecuniary damage, including emotional distress caused by the professional failure. However, Israeli courts tend to award this component sparingly in regular civil claims, and the emphasis in such claims is generally on the direct economic damage resulting from the failure.

What should you do when your attorney doesn't report on case progress?

The duty of regular reporting to the client is an integral part of the professional fiduciary duty. An attorney who does not update their client, fails to forward received documents, and does not inform them of material decisions and events in the case — violates ethics rules. The first step is a written request to the attorney with an explicit demand for updates. If there is no response, one may consider contacting a supervisor at the firm, filing a Bar complaint, and in cases of actual damage — a civil claim.

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