Barristers - Professional Negligence

Clients have faith in their barrister's ability to give them accurate and up-to-date legal advice and to secure the best outcome for their case. Barristers are routinely instructed by solicitors – on the behalf of their clients – to draft court proceedings, provide specialist advice, and appear in court on their behalf. Sometimes, an individual may instruct a barrister directly.

Professional Negligence claims for bad legal advice

Being provided with negligent advice or services that have caused you to lose out financially can be devastating, especially when you placed your faith in your barrister’s ability.

If you have been let down by your barrister and want to take legal action, our Professional Negligence solicitors are ready to help you make a claim for compensation and help find the best resolution for you.

How Can I Find Out Whether I Have A Valid Claim?

Some examples of barrister negligence include:

  • Giving clients the wrong 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

How Can I Make A Claim Against A Barrister?

Although all barristers have a duty of care to their clients and must act in their best interests at all times, this isn't always the case.

Before you can make a claim against a barrister, it's first necessary to establish whether the barrister’s behaviour was negligent. If their 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 speaking to one of our Professional Negligence experts who will 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.

Is There A Time Limit For Making Negligence Claims Against A Barrister?

By law, you have 6 years from the date on which the negligence took place, or 3 years from the date on which you knew that you had suffered a loss, to make a claim.

Why Choose Simpson Millar?

Being let down by a legal professional is disheartening and – depending on your case – may have serious consequences, which can be difficult and expensive to resolve. If you placed your trust in the hands of a legal professional and they were negligent, you shouldn't have to bear the burden of financial loss because of their actions.

Our Professional Negligence solicitors have years of specialist expertise and experience in dealing with claims against barristers. We will identify whether you can make a claim for compensation and fight for you to receive the compensation to which you are entitled.

Please contact us with no obligation on 0808 129 3320 or get in touch through our online enquiry form.

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Robert Godfrey | Partner, Dispute Resolution | Simpson Millar LLP

Robert Godfrey
Partner, Dispute Resolution

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