Claims against Barristers
To understand the effect and scope of Barrister negligence, it first needs to be understood that a Barrister is not an average Lawyer. Barristers are highly trained legal advisor’s who have gained their status and reverence after being trained for many years. They often have lots of experience in attending Court and advising clients on a daily basis. They are trained to deliver high quality advice and too conduct advocacy at court with the utmost care.
They should therefore be amongst the most highly trained and competent people in the legal industry. The skills which they have make them very unique and Barristers often specialise in particular areas of law.
Barrister negligence is no different to other Lawyer negligence such as Solicitor’s negligence. It can arise when a Barrister is instructed to undertake legal work on behalf of a client, individual or business. Normally a Barrister will be instructed by a Solicitor on your behalf, although Barrister can now accept instructions directly from the general public, if the Barrister is registered for ‘direct access’.
If, as in most cases, your Solicitor has instructed the Barrister to provide some advice etc., there may be no written contract between you personally or the Barrister. Therefore any claim which you would have against the Barrister would be in the tort of negligence.
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
Claims can also arise against Barrister in contentious work such as:
- Advice involving personal injury claims
- Advice in clinical negligence actions
- Actions against the police
- Family proceedings, including divorce
- Commercial litigation
However, from time to time, mistakes can happen which can cost clients who instruct Barristers directly or Solicitors who in turn instruct Barristers on behalf of their client’s loss and damage.
Consequences of Barristers Negligence
We have discussed, that Barristers are unique to the legal profession, they demand respect and they are often highly esteemed, Barristers are very trusted professionals and have a code of conduct which emphasises that they must act in their client’s best interests at all times.
If your Barrister has given you the wrong advice and this has resulted in you suffering a financial loss or the negligence as resulted in you losing a chance to achieve some benefit or to avoid some detriment, the consequences of such may be devastating.
It can be particularly stressful to pursue a claim against a Barrister as you may not have had direct contact with them to enable for you to discuss the mistake which they have made leading to your financial loss or loss of chance.
If you consider that you have been let down by a Barrister and they have been negligent we may be able to assist you to pursue a claim.
We must be clear that we are not able to assist you if the service which you have been provided is simply poor. If this is the case you may be able to submit a formal complaint, please refer to our ‘Negligence or just a compliant’ page for further information.