Where the only competent advice is that a client's case is hopeless, a solicitor and barrister who fail to give that advice and instead advise that the client has a cause of action are in breach of their duty of care, regardless of their genuine belief in the correctness of their advice. A solicitor does not discharge the obligation to tender correct advice by relying on the contrary opinion of counsel. The District Court has jurisdiction under s 134(1)(h) of the District Court Act 1973 to grant declaratory relief requiring indemnification for as yet unassessed costs.
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