Barrister Negligence Claims

Claims against barristers for negligence

We understand that, for most clients, the prospect of suing a barrister for negligence might seem daunting, mainly due to the fact that they are some of the most qualified legal professionals that there are. Rest assured, though, that our experienced solicitors are here to help. There is a key factor to remember when looking to make a professional negligence claim against a barrister: they are not an average lawyer.

Barristers are among the most highly trained and competent people in the legal industry. They are expert legal advisors who have gained a high status after many years of training and experience of representing and advising clients in court, often on complex cases. They are trained to deliver high-quality advice and to conduct advocacy at court with the utmost care. In addition, barristers often have specialist knowledge of specific areas of law, which adds to their unique skillset.

When barristers are negligent and their conduct falls below what is to be expected of such esteemed legal professionals, it can be highly frustrating. That is where we come in.

How our experienced team of barrister negligence solicitors can help

Barrister negligence is no different to other types of legal carelessness, including solicitor negligence. They are generally instructed by a solicitor to undertake legal work on behalf of a client, individual or business, although they can now accept instructions directly from the general public, if registered for ‘direct access’.

If, as in most cases, your solicitor has instructed a barrister to provide advice or assist in any way regarding your legal matter, there may be no written contract between you and the barrister. As such, any claim against the barrister would be in the tort of negligence.

If you feel that you have a possible claim for compensation against a barrister, get in touch with us as soon as possible. We will listen carefully, take full details of what occurred, and confirm if you could make a barrister negligence claim.

What are some of the common barrister negligence claims?

Barristers have a duty of care to their clients and must always act in their best interests. Before you can make a professional negligence claim against a barrister, it is necessary to establish whether their behaviour was negligent. Our experienced team of solicitors will help you to determine this.

Claims against barristers may arise in the context of non-contentious work, for example:

• Advice on tax schemes and planning
• Conveyancing — sale of land or trust
• Probate

Claims can also arise against barrister in contentious work such as:

• Advice involving personal injury claims
• Advice in clinical negligence actions
• Family proceedings, including divorce
• Commercial litigation

From time to time, mistakes can happen, costing clients who instruct barristers directly, or solicitors who in turn instruct barristers on behalf of a client. If that is the case and you want to speak to us about pursuing a barrister negligence claim, then reach out to our team on 0800 234 3234 or send us a message.

Who can make barrister negligence claims?

If you have suffered a loss because of negligent advice or inadequate representation by your barrister, you may be able to make a claim for compensation. Our team of professional negligence solicitors will help you determine whether the mistakes or errors made by your barrister were negligent, as well as considering the best course of action in pursuing your claim.

We want to help you to get the compensation that you deserve. For us to represent you effectively, we will need to know a few details. These include:

• Who your barrister was
• What they were instructed to do
• Why you think that they were negligent
• What the value of the loss you’ve suffered is

Once we have received these details from you, we can start investigating the case and advising you on the next steps. If you have a valid claim, we will usually aim to reach a settlement but it is important to remember that, if a settlement cannot be reached, the case may go to court.

Consequences of barrister negligence

Given the role of barristers as highly trusted legal professionals, and their code of conduct, a high level of competence is always expected.

If your barrister has given you the wrong advice and this negligence by your barrister has caused you financial loss, the loss of something from which you stood to benefit, or any other detriment, the consequences may be devastating. In addition, this may be especially stressful if you had no direct contact with them to discuss the mistake, which led to your financial loss or loss of chance.

If you have been let down by a barrister, and they have been negligent, we may be able to assist you to pursue a claim for the compensation that you are owed.

We should emphasise that we are not able to assist you if the service you received was simply poor. In this case, you may be able to submit a formal complaint; please refer to our ‘negligence or just a complaint’ page for further information.

Is there a time limit for making barrister negligence claims?

Yes, there is. As with most professional negligence claims, you have six years from the date on which the negligence occurred to bring a claim. If you find out about it at a later stage, you will usually have three years from the date on which you discovered the negligence to make a claim. However, as this is a complex area, you should not hesitate to get in touch as soon as possible if you believe you have a claim.

Why trust Been Let Down with your barrister negligence claim?

Our experts are on hand to help you to get the compensation that you deserve. If you are searching for advice about barrister negligence claims, here is why you should come to Been Let Down:

• Our services are regulated

We are authorised and regulated by the Solicitors Regulation Authority (SRA). The SRA sets the professional standards to which solicitors need to adhere in England and Wales.

• Our law firm is independent

As an independent law firm, we always have your best interests at heart. Our team will keep you up to date at every stage of the process, so you will always know about what is happening with your barrister negligence claim.

• Many of our cases are ‘No Win, No Fee’

Once we have assessed your barrister negligence claim and decided that you could have a successful case, we may be able to take on your case on a No Win No Fee basis through what is called a Conditional Fee Agreement. This simply means that, if we are not successful in pursuing your claim, there will be no charge.

If we win your claim, we will charge a ‘success fee’; that amount will simply be a percentage of damages awarded, which we will agree with you upfront.

We can also offer After the Event (ATE) insurance, should this be necessary. ATE insurance covers you if you are liable for the defendant’s costs should you lose your claim. This offers further peace of mind and assurance that your financial interests are protected.

Contact us today

Get in touch today and find out how we can help with your case for barrister negligence compensation.

Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back to find out more about what’s happened and advise on whether we think you could have a successful barrister negligence claim.