Can You Sue If You Have a Negligent Barrister - By: Tim Bishop

Most of your knowledge about who a barrister is and what he or she does has been gleaned from that most reputable of sources, TV Crime Drama. It is therefore no surprise that you are starting off at a disadvantage when it comes to judging whether you have suffered as a result of barrister negligence or not.

You may well have a long standing relationship with your solicitor, however this is not normally the case with a barrister, you only normally encounter them when a solicitor instructs them on your behalf. They will do this either to provide specialist legal advice or advocacy before a court. As a result of this set-up the relationship between you and your barrister is often fleeting and tenuous at best making it all the more difficult for you , as the client to assess whether there has been any genuine barrister negligence and whether it is worth complaining. Add to that the fact that barristers are highly paid experts with what can come across as an intimidating public persona and you may to scared to even consider making a complaint let along seeking compensation.

In the past even if you knew your barrister had been negligent, they used to be protected from being sued for damages, this was the case right up until 2000. Thankfully following a landmark ruling by the House of Lords that right has now been removed and barristers are treated the same way in law as any other professional advisor.

Nevertheless, the ability to bring a claim legally and then going on to win compensation are two entirely separate things. Complaints must be brought within a six month period and there are various options as to how best to make a claim.

As with most things in the law, the process is not straightforward and you would be foolish to consider initiating any form of proceedings without first taking appropriate advice from a solicitor who has the necessary expertise and experience in dealing with cases of barrister negligence.

Whether you are making your complaint to the lay Complaints Commissioner or escalating it via the Legal Services Ombudsman the guidance of professional advisor is invaluable. Remember that your barrister will have access to the support of specialist legal help as a result of his own professional negligence insurance so you need to be equally supported if you are to have any chance of success.

So in summary, pursuing a professional negligence claim for barrister negligence is not an easy ride, but is definitely achievable. Your first step should always be to seek the expert opinion of a specialist professional negligence solicitor who can advice on the validity of your claim and then recommend the most appropriate and cost effective course of action to follow.

About the Author

Been the victim of barrister negligence? Bonallack and Bishop are solicitors who specialize in helping you making a professional negligence claim. Tim Bishop is senior partner at the firm, responsible for all major decisions. He has grown the firm by 1000% in 13 years and has plans for further expansion.

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