Although all Barristers have a duty of care to their clients and must act in their client’s best interests at all times, this isn't always the case. So before you can make a professional negligence claim against a Barrister, it is first necessary to establish whether the Barrister’s behaviour was negligent.
Examples of Barrister Negligence may include:
- Giving clients the wrong legal advice – for example, this can occur when a Barrister misinterprets the law for a specific case and provides a client with incorrect advice
- Negligently drafting documents – for example, failing to include an important point in a court document
- Negligently representing a client in Court or Mediation – for example, if a Barrister fails to correctly prepare for the case or presents the wrong facts in Court
Barristers are routinely instructed by Solicitors, on behalf of their clients, to draft Court proceedings, provide specialist legal advice, and appear in Court. And sometimes, an individual may instruct a Barrister directly. So you expect your Barrister to provide accurate and up-to-date legal advice and to secure the best outcome for their case.
If a Barrister’s actions directly led to you experiencing a financial loss, you may be entitled to make a claim for compensation. However, if your Barrister was negligent but this didn’t result in you losing out financially, then you may not be able to make a claim.
As each client's case is unique, we recommend you get in touch with one of our Professional Negligence Solicitors, as we can analyse your case and let you know whether you can make a claim. In most cases, your Solicitor will try to resolve your claim at an early stage without starting formal proceedings. This will, however, depend on the nature of your case.
Time Limit for Making a Claim
By law, you have 6 years from the date on which the negligence by a Barrister took place, or 3 years from the date on which you knew that you had suffered a loss, to make a claim.
How Simpson Millar Can Help You
Our Professional Negligence Solicitors can review your papers and let you know if we think your claim has a good chance of success. If you’ve instructed a Barrister directly, we’ll need their papers. And if it’s through a firm of Solicitors, we’ll need the firm’s files.
We’ve represented clients with all sorts of grievances against their Barrister, such as:
- Negligent drafting of Court papers
- Poor presentation of a case to the Court
- Giving clients the wrong legal advice
If we take on your case, we’ll look to identify a specific failing from the outset and establish its impact on you.
We know that being let down by a legal professional is disheartening and, depending on your case, may have serious consequences. But our Professional Negligence Solicitors have years of specialist expertise and experience in dealing with claims against Barristers. We can identify whether you can make a claim and fight for you to receive the compensation to which you’re entitled.
For free legal advice call our Professional Negligence Solicitors
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