subject: Suing Barristers For Professional Negligence [print this page] In 2000 it became possible to sue barristers for professional negligence. This was after a traditional legal immunity of all members of the bar was removed, the decision was made on the basis of a ruling by a board of seven law lords that it was "not in the public interest" to uphold the immunity.
What Is A Barrister?
Lawyers in the United Kingdom are traditionally divided as follows: A barrister differs to a solicitor in that they possess rights of audience, that is, the right to plead in court. They can appear in all levels of court from high to low. A barrister cannot be instructed by a client directly if dealing in criminal law or in conveyancing. In contrast a solicitor does not possess this right to plead, unless they have attained higher rights, and have only the right to appear in magistrate and county courts. Solicitors can be instructed by a client directly in all areas of legal work.
If a barrister is available and competent enough to take on a case they are obliged to take on any case in which they offered appropriate payment regardless of the losses or gains to be incurred by taking it on and regardless of their emotionally propensity towards their client.
What Is Professional Negligence?
Professional negligence is an act or misconduct in which a professional fails to exercise their duties effectively and which results in damages to clients. A professional could be a lawyer, architect, doctor, engineer or any other professional specialism. The negligent behaviour may be due to inability, ignorance or intention, but in all cases the situation will be judged by an expert of the same profession. If it is ruled that a reasonable body of professionals of the same specialism would have taken an alternative course of action the behaviour may be deemed negligent.
How May A Barrister Be Negligent?
This decision has made it possible for you to file a lawsuit against your barrister should they act negligently. A barrister may be negligent in a number of ways:
- Errors in advice
- Improper preparation of documents
- Failure to file documents
- Improper/unprofessional handling of the lawyer-client relationship
- Failure to communicate
- Fee disputes
- Malicious prosecution
- Abuse of process (not often successful)
- Defamation (not often successful)
Cases against barristers are difficult to fight given the in depth knowledge of the law both parties have. However, when you have been truly wronged a good solicitor should have the ability to procure you the compensation you deserve and justice will out.
