barrister negligence

barrister negligence

During court action a barrister acts as a court or tribunal advocate, they may be asked to provide advice on the merits of a party’s case and to draft the court papers that set out the case that a party wishes to bring or defend. Barrister negligence may arise when the Barrister makes a mistake when undertaking such a task.

Some examples of barrister negligence could be:

  1. Failing to correctly advise on the merits of the claim
  2. Providing negligent legal opinion
  3. Incorrect drafting of court documents
  4. Negligent advocacy at trial

In fulfilling their role a barrister has a duty of care. Occasionally this duty is breached and if you have suffered loss then you may have a claim for barrister negligence.

Often a claim for barrister negligence would also involve bringing a concurrent claim against the solicitor, who was also acting in the claim, for solicitor negligence.

how do I claim for barrister negligence?

Before you start a professional negligence claim, you should look carefully at the alternatives to court action.

However, if your dispute remains unresolved and Lees Solicitors conclude you have a viable claim, then we may be able to act on your behalf on a conditional fee agreement.

where do I stand if my claim is worth less than £10,000?

Lees Solicitors will not accept instructions on a claim for loss of less than £10,000. This is because they will be usually classed as “small claims” by the County Court and your legal fees can rarely be recovered.

Where legal fees are not recoverable, clients will want to keep legal fees to a minimum and this greatly limits the time we can spend on their matter. Due to these limits, we consider that acting in these situations poses too great a risk that we would not have enough detail on a claim to provide the valuable advice that is required.

how can Lees help?

If you feel you have suffered loss as a result of barrister or solicitor negligence call Lees Solicitors free on 0800 387 927 to discuss your case.

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