| Claim against a barrister

Our expert team of professional negligence solicitors has over 50 years of experience in advising businesses and individuals on professional negligence claims. We can help you if your barrister has caused you loss, whether instructed by a solicitor, or by way of direct access.

Barrister duty of care

All professionals owe their clients a duty of care. This means that they must perform their jobs to a reasonable standard and with reasonable care. If your barrister’s advice falls below the standard that you should reasonably expect from a barrister, you may be able make a professional negligence claim against your barrister.

Barrister professional negligence

Businesses and individuals instruct barristers to act in relation on a range of matters. Some barristers accept instructions from businesses and individuals direct (known as direct access). More often, however, your solicitor will have instructed a barrister to provide expert advice on a matter or advocacy at court. If your solicitor instructed the barrister in question, we can advise you whether you may have a professional negligence claim against both your solicitor and your barrister.

For the most part, barristers provide an exceptional level of service. However, sometimes standards slip, letting you down and causing you a loss. Examples of barrister negligence include:

  • Negligent advice (whether written or given in conference)
  • Sub-standard advocacy at Court
  • Errors in drafting legal documents

If you feel you have a claim against your barrister and / or your solicitor, it is important to seek specialist legal advice from an experienced professional negligence solicitor. There are strict time limits for professional negligence claims including those against barristers. In the main, this is six years. However, there are some exceptions, so it is worth getting in touch to discuss your claim. We always recommend that you contact us as soon as you become aware of any negligence.

Complaints against barristers

If you have a complaint about a barrister’s service, you may be able to make a complaint to the Legal Ombudsman. As part of our advice, we will consider whether you may have a valid Legal Ombudsman complaint.

Even if you have had a negative decision from the Legal Ombudsman, we may still be able to help you.

Can I make a claim against my barrister?

Historically, you were not able to sue a barrister. However, the law changed in 2000.

If you have suffered financial loss (which we can help identify) as a result of your barrister, you may have a claim. For a successful professional negligence claim, you must be able to show that the barrister breached their duty of care to you and that you suffered loss as a result.

We will advise you on all aspects of your claim and give you clear costs advice*.

If you would like a FREE, no obligation discussion to see if you have a professional negligence claim against your barrister and/or solicitor, call us on (freephone) 0800 988 7756.

With offices in Leeds, Wakefield, Bradford, Harrogate and London, we can bring our experience and knowledge to your claim, no matter where you are.

*Please note, we do not offer no win no fee agreements. For further information, please see our pricing page.

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Expert Advice

Steven Newdall

MANAGING PARTNER


T. 0113 297 3152
E. snewdall@levisolicitors.co.uk

Steven has 25 years’ experience in professional negligence claims and is a member of the Professional Negligence Lawyers Association. He acts for both Claimants and Defendants, and has a particular speciality in claims against solicitors.

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