A court determining a professional negligence claim against a solicitor may apply its own knowledge of what a reasonably competent solicitor should do without expert evidence, at least where the alleged breach does not relate to a specialised area of practice. A defence under s 5O of the Civil Liability Act 2002 (NSW) requires evidence that the manner in which professional services were provided — including the timing and sequencing of steps — was widely accepted as competent professional practice; evidence that each individual step was competent is insufficient if the timing is not addressed.
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