Barrister Negligence Claims
Barristers are among the most highly trained professionals but, sometimes, they can make costly mistakes. When things go wrong, we are here to help to determine whether the mistakes made by your barrister qualify as barrister negligence and, if so, the best course of action in pursuing your claim.
Professional negligence claims against barristers
We understand that the prospect of suing a barrister for negligence can seem daunting, mainly because they are some of the most highly respected of all legal professionals. Rest assured though, our experienced solicitors are here to help. However, 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 expert legal advisors who have gained a high status after many years of training and experience in representing and advising clients in court, often on complex cases.
They are expected to deliver high-quality advice and to conduct advocacy in court with the utmost care. In addition, barristers often have specialist knowledge of specific areas of law, which adds to their unique skillset.
It can be highly frustrating when barristers are negligent and their conduct falls below what is to be expected of esteemed legal professionals. Which is where we come in. If you think you may have experienced barrister professional negligence, contact one of our specialist solicitors.
How our experienced team of barrister negligence solicitors can help
A barristers negligence claim is no different from other types of professional negligence claims, including solicitor negligence. Barristers are generally instructed by a solicitor to undertake legal work on behalf of a client, 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, then the claim may be against both the solicitor and the barrister. Depending on the facts a court could determine them both to blame for different amounts.
If you instructed the barrister without a solicitor, as a “direct access” barrister, then the claim will be solely against the barrister.
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 they were 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 barristers 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. These mistakes can cost clients who directly instruct barristers, or solicitors who instruct barristers on behalf of a client. If either of these 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 compensation claim. Our team of professional negligence solicitors will help you determine whether the mistakes or errors made by your barrister were negligent, as well as the best course of action in pursuing your claim.
We want to help you get the barrister negligence compensation you deserve. For us to effectively represent you, we will need to know a few details. These include:
- Who your barrister was
- What they were instructed to do
- Why you think they were negligent
- What is the value of the loss you’ve suffered
Once we have received your details, we can investigate your barrister negligence case and advise you on the next steps. If you have a valid claim, we will usually aim to settle 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 wrong advice and this negligence 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 have had no direct contact with them to discuss the mistake.
If you have been let down by a barrister, and they have been negligent, we may be able to assist you in pursuing a claim for the barrister negligence compensation you are owed.
We should emphasise we are unable 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’ advice for further information.
Barrister negligence claims FAQs
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.
As each individual barrister negligence case is different, if your claim is successful, there is no set amount for the compensation you could receive. That’s because your claim will be determined by a number of factors and the unique circumstances surrounding your case.
Ultimately, your compensation claim will be based on any financial loss you may have suffered. This puts you in the position you could have been in if you had not been impacted by your barrister’s professional negligence. In all cases, our solicitors will aim to make sure you receive the maximum amount of compensation possible.
Yes, you can. Should you decide to make a claim for compensation, our solicitors can offer to take your claim on a No Win No Fee basis. This is also referred to as a Conditional Fee Agreement (CFA).
If we win your barrister negligence claim, we will charge a ‘success fee’. This amount will be a percentage of damages awarded, which we will agree with you upfront. If your case is unsuccessful, you will have nothing to pay.
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.
Why trust Been Let Down with your barrister negligence claim?
If you have experienced professional negligence at the hands of your barrister, it can be difficult to know what to do next. That’s why our experts are on hand to help you get the compensation you deserve.
Here are just some of the reasons why you should trust Been Let Down with your barrister negligence case:
- We are fully authorised and regulated by the Solicitors Regulation Authority, and our legal teams are members of The Law Society and Liverpool Law Society.
- As an independent law firm, we have your best interests at heart. Our team will keep you up to date at every stage of the process. We’ll do everything we can to help achieve a positive outcome for your case.
- We have hundreds of excellent reviews from clients just like you who have had a positive experience working with us.
- We may be able to take on your case on a No Win No Fee basis. This simply means if your case is not successful, there will be no charge.
- Our legal experts have many years of experience dealing with barrister negligence compensation claims just like yours.
Contact us to find out more about making a barrister negligence claim today
Get in touch 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.
Rob Godfrey is the Head of Professional Negligence at Been Let Down. He is regarded as one of the UK’s leading negligence experts with over 25 years’ experience in litigation.
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