Barristers are highly trained professionals, so when a person requires legal advice, often it is easy to assume that a barrister will conduct their role thoroughly due to their expertise and status. However, barristers can make mistakes, the consequences of which can be widespread and devastating including financial loss, the loss of something that the client was to benefit or along with a range of other detriments.
What is barrister negligence?
Barrister negligence occurs when a person suffers a loss due to negligent advice or inadequate representation from their barrister. If you can prove that your losses were due to the fault of your barrister, you are within your rights to make a claim against them for damages. For example, if you lose a court case and find that it is due to your barrister withholding information that could have been used in court, or that they offered you incorrect legal advice then professional negligence has occurred, you may be able to make a barrister negligence claim.
How does barrister negligence occur?
Barristers have a duty of care to their clients, but sometimes they fail to do this. Some common examples of negligence claims against barristers include:
· Providing poor representation – in court, if a barrister was negligent on a point of law, this would be regarded as providing poor representation.
· Poor performance of instructions – when acting as a buyer of a property, if a barrister fails to adequately investigate title to property, fails to register a mortgage/debenture at Companies House or fails to advise on the property burdens then the client may be able to claim.
· Providing incorrect legal advice – if a barrister provides a negligent legal opinion, including advice involving personal injury claims and clinical negligence actions, as well as advice in family proceedings (including divorce) and commercial litigation.
How to get help
While compensation cannot repair the damage caused by a negligent professional, it can help you to recover from the financial damage which can be beneficial to you or your business. For many clients, pursuing a barrister for negligence may be daunting due to the fact that barristers are generally some of the most qualified legal professionals we have in the UK. While the claims can be complex, some professionals will be able to help you to make a barrister negligence claim.
Three essential elements are required to prove negligence from a barrister. These are:
1. That the barrister owed a duty of care
2. That the barrister breached the duty of care – this will vary between cases
3. That the barrister caused a loss, both in a legal and factual sense.
Time limits
There are time limits for barrister negligence claims, as with many other types of professional negligence, which is six years from the date the negligence occurred. If you find out about the negligence at a later stage, clients will usually have three years from the date the negligence was discovered to make a claim. Due to the complexity of many of these cases, it is vital to seek independent legal advice as soon as possible.
