Start a Professional negligence claim against a barrister

Barristers are highly trained legal professionals, who should provide a high standard of legal advice and advocacy to their clients, whether they are instructed by individuals on a direct access basis, or by solicitors on behalf of their clients.

When the standard of advice provided by a barrister falls short, you may be entitled to bring a professional negligence claim against them, as long as you have suffered financial loss as a result.

Common Examples of Negligence by Barristers

Professional negligence by a barrister, is when their work does not meet the standard of reasonable skill and care that you are entitled to expect. Mistakes by barristers can happen in many types of case and for many different reasons.

Examples of professional negligence claims that can be brought against barristers can arise in the following situations where a barrister:

Provides you with incorrect or incomplete legal advice;
Fails to properly advise on the merits of a case and you pursue a claim which has little or no prospect of success;
Wrongly advises you not to pursue a claim, which you later found out could have been successful;
Misses important legal arguments or evidence and your claim or defence is damaged as a result;
Doesn't prepare properly for hearings or the trial of your case;
Makes errors in drafting statements of case such as particulars of claim or defence, or other legal documents;
Fails to follow instructions properly which are given by solicitors or direct access clients; or
Performs poorly in court and negatively affects the outcome of your case.

There are of course many other ways in which a barrister could be negligent, and you should take legal advice from a specialist professional negligence lawyer, if you want to know whether you can bring a claim against your barrister for negligence.

Can You Bring a Negligence Claim Against a Barrister?

You can bring a negligence claim against a barrister if their work fell below the appropriate professional standard, and you have suffered financial or other loss as a result. Not every mistake by a barrister can lead to a claim for compensation, and we will be able to advise you whether you are able to bring a claim.

Some professional negligence claims against barristers will be characterised as "loss of chance" cases. In other words, the negligence by the barrister means that you have lost your chance to bring your claim effectively, or to properly defend a claim that was brought against you. It is sometimes necessary to seek the opinion of another barrister, to advise whether your original barrister caused you to lose your chance to bring or defend your case properly.

What Do You Need to Prove in a Professional Negligence Claim?

To bring a successful claim for professional negligence against a barrister, there are several hurdles which you need to overcome:

Firstly, you need to prove that the barrister owed you a duty of care – This is generally not an issue in professional negligence cases against a barrister and it will be very difficult for them to argue that they didn't owe you a professional duty;
Secondly, you need to prove that the barrister has breached their duty of care to you – Whether you clear this hurdle will be different in every case, and will depend upon what the barrister has done wrong. It is a good idea to take legal advice about whether a breach of duty has occurred, as quickly as possible;
Thirdly, you need to prove that the barrister's negligence has caused you financial loss; and
Finally, you need to be able to calculate the loss you have suffered. Sometimes an expert may need to be instructed to calculate this.

The barrister may try to pass on, or share blame for any mistakes to a solicitor, or they may try to say that you did not follow their advice properly. In other cases they may admit that their advice was wrong or that they did not perform well in court, but deny that you have suffered any financial loss as a result. In these scenarios, you will need specialist expert legal advice to confirm whether the barrister will be able to successfully defend your claim for professional negligence against them.

What are the Time Limits for Professional Negligence Claims against barristers?

Professional negligence claims are subject to strict time limits. In the majority of cases, you have six years from the date the negligence occurred. If you did not know about the negligence straight away, and this six year time limited has passed, you could have three years from the date you discovered the negligence to start your claim.

There is a protocol procedure which should be followed before you can start off your professional negligence claim in court, and this can take several months to complete. It is therefore vitally important to get legal advice from an expert as soon as you find out that your barrister has made a mistake, to ensure that you don't miss these deadlines.

Once the time limits have passed, it is very difficult indeed to bring a claim.

What does it Cost to Sue a Barrister for Negligence?

As with any type of claim, it can be costly to bring a case against a barrister for professional negligence. Most cases settle without the need to go to court, and can cost a few thousand to pursue (with a portion or majority of those costs being refunded by your opponent if you win). If you need to go to court, the costs will be higher, but if you win, a high proportion or the sometimes the majority of your costs will usually be paid by the negligent barrister.

At Samuels Solicitors LLP we understand that funding a claim for professional negligence against a barrister can cause difficulties for many clients and we are committed to trying to help you obtain access to justice whenever possible. We therefore have a range of options available for you to fund your claim for professional negligence against a barrister, including:

Private paying - this is where you pay our fees on a fixed rate or hourly rate basis, as they are incurred and invoiced to you;
Conditional (no win no fee) Fee Agreements - these can be offered if you have a strong and high value claim, and your opponent has the benefit of professional indemnity insurance, which all barristers should have. With these types of arrangements, you are responsible for a success fee, which generally comes out of any damages or compensation you are awarded;
Deferred fees - in some cases, if you have a high value claim which is likely to settle, we may be able to defer payment of our fees (which can be charged at a higher rate) until the end of the claim; and
Legal expenses insurance - you may have this type of insurance as part of your home or vehicle insurance cover, and we can check for you whether this is the case.

Get Legal Advice to Sue a Barrister for Negligence

Samuels Solicitors LLP is a niche professional negligence law firm, serving clients throughout England from our offices in Devon and Newcastle. We have decades of experience helping clients successfully bring claims for professional negligence against barristers. We understand that it can feel daunting to bring a claim for negligence against a barrister, but we have the expertise to guide you through the process, as quickly and as cost effectively as possible.

If you contact us today, one of our legal experts will be happy to have an initial discussion without charge, and advise you about the next steps to bringing your claim.