Barristers Negligence

Duncan Lewis Professional Negligence Solicitors – Barrister’s Negligence Claims

Duncan Lewis runs its own highly successful Litigation Department covering all areas of law – and our professional negligence team understands how crucial a barrister’s skills are to our clients seeking justice through the courts or using mediation or dispute resolution.

Barristers are among the most highly trained professionals, whose knowledge of the law is extensive. Barristers usually specialise in one or more areas of the law – for example, civil law (including immigration, property law and consumer rights) or criminal law.

A barrister’s skills involves being able to draft complex opinions drawing on relevant points of law – as well as being able to present a case in court, often having to respond to an opponent’s case in court by quoting the appropriate point of law.

Most barristers provide an excellent service to their clients – but when a barrister gives negligent advice on a point of law, incorrectly drafts court documents – or fails to offer a client the best representation in court or in mediation – then the outcome for a client can be catastrophic, with lasting effects and financial loss.

Duncan Lewis professional negligence solicitors understand that for most clients, the prospect of suing a barrister for negligence might seem daunting.

However, if loss has occurred because of negligent advice from a barrister – or poor representation in court or in mediation processes – taking legal action against a barrister for compensation is an option.

Since 2000 there have been rules governing barrister’s services to their clients, enabling clients to make a claim if they:

• have been given wrong legal advice by a barrister in an opinion
• have been given wrong legal advice by a barrister in a client conference
• have been poorly represented in court because a barrister was negligent on a point of law
• have been poorly represented in court as a result of an error in drafting court documents
• have been poorly represented by a barrister in mediation
• received a barrister’s opinion late and financial loss resulted.

Duncan Lewis professional negligence solicitors can advise clients let down by their barrister on how to make a claim for compensation.

Duncan Lewis also has in-house experts in all areas of the law, who can advise on where a barrister might have been negligent – as well as being able to call on the expertise of leading barristers to help in any claim against a barrister, if necessary.

Making a Claim for Barrister’s Professional Negligence

Clients who suffer financial loss as a result of negligent barrister’s advice or poor representation – sometimes known as professional misconduct – can make a complaint through the Legal Ombudsman, which deals with complaints about barristers by their clients.

The Bar Standards Board deals with complaints about barristers not representing you, including barristers who:

• mislead the court
• fail to keep information confidential
• act dishonestly or in a way that damages the profession's reputation
• discriminate against you because or your race, sex, disability, religion or belief, sexual orientation, gender reassignment, age or marital/ civil partnership status.

Clients considering suing a barrister for professional misconduct or professional negligence have six years from the date of the event constituting negligence – or three years from the date they first realised negligence had occurred – in which to make a claim.

Because of the complexity of suing barristers – and proving that they acted negligently towards a client – Duncan Lewis professional negligence solicitors advise clients whose barrister has let them down to get in touch as soon as possible for an assessment of their case.

Funding Claims for Barrister’s Professional Negligence

Duncan Lewis offers Conditional Fee Agreement (CFA) funding to clients making professional negligence claims, with a fixed fee for the initial client meeting and assessment of the claim, so our clients know in advance what they will be paying.

If a barrister has given wrong advice or acted negligently leading to financial loss, call Duncan Lewis Professional Negligence Solicitors for more information about making a compensation claim for barrister’s negligence on 020 7923 4020