Professional Negligence is a serious legal concern that affects individuals and businesses alike. In the legal field, professional negligence often arises when a barrister, who is entrusted with representing a client or offering legal advice, fails to perform their duties with the required standard of care. When this happens, it can result in significant harm or loss for the client, prompting the need for professional legal action.
What is Professional Negligence
Professional Negligence occurs when a professional fails to provide their services to the standard expected of them, leading to damage or loss for their client. Professionals, such as doctors, architects, accountants, and barristers, are expected to possess a certain level of expertise and competence. When a professional’s conduct falls short of this standard, it can be considered negligence.
In the case of barristers, professional negligence may occur if they fail to properly represent a client in court, provide inadequate legal advice, miss important deadlines, or make errors that affect the outcome of a case. Barristers owe their clients a duty of care, and when they breach this duty, it can have serious consequences.
What is a Barrister and what are their Responsibilities
Barristers are legal professionals who are experts in advocacy and legal advice. In the UK, barristers are typically instructed by solicitors to represent clients in court. They specialise in specific areas of law, such as criminal, family, or civil law, and are known for their ability to present cases before judges and juries.
A barrister’s role includes providing specialist legal advice, preparing legal documents, and representing clients in hearings and trials. They are expected to have extensive legal knowledge, analytical skills, and the ability to communicate effectively in court. A failure to meet these expectations, such as missing a critical court deadline or providing incorrect legal advice, could result in professional negligence.
If a client believes they have been affected by a barrister’s professional negligence, oue legal team can be of vital assistance. We can assess whether the barrister’s actions fall below the required standard of care and whether this has resulted in loss or damage. Reuben Law can help gather evidence, liaise with experts, and explore the best course of legal action to address the negligence.
In cases of professional negligence, the legal team may recommend pursuing a formal complaint with the Bar Standards Board (BSB), seeking compensation, or taking the matter to court. Reuben Law specialise in professional negligence cases will have the necessary expertise to navigate the complexities of these claims.
There are several ways to resolve issues of professional negligence in relation to barristers. The most common resolutions include:
Making a Complaint to the Bar Standards Board (BSB): If a barrister’s actions fall below the expected professional standards, the client can make a formal complaint to the Bar Standards Board. The BSB investigates complaints and has the authority to take disciplinary action against barristers found to be in breach of professional conduct.
Seeking Financial Compensation: If a barrister’s negligence has led to financial loss or other harm, the client may be entitled to compensation. Our legal team can help the client pursue a claim for damages against the barrister’s insurance provider or through legal action.
Professional Mediation: In some cases, a resolution can be reached through professional mediation, where an independent mediator helps the parties come to a settlement without the need for lengthy court proceedings.
Negligence Claims: If a barrister’s negligence resulted in significant harm or loss, the client may consider pursuing a negligence claim in civil court. This typically requires proving that the barrister owed a duty of care, breached that duty, and caused harm as a result.
A famous example of barrister professional negligence in the UK is the case of Bolam v Friern Hospital Management Committee (1957), where the court ruled on the standard of care required of professionals. Although the case primarily dealt with doctors, the principles of professional negligence have been applied to barristers in subsequent cases, highlighting the duty of care barristers owe to their clients.
Another example is the case of Jones v. Kaney (2011), where the Supreme Court ruled that barristers could be liable for professional negligence. In this case, the claimant sued a barrister for giving incorrect legal advice, resulting in a loss of legal rights. The case clarified the extent to which barristers could be held responsible for negligence in legal matters.
At Reuben Law, we understand the significant impact that professional negligence by barristers can have on your life. Our experienced legal team is committed to helping clients navigate the complexities of professional negligence claims. Whether you need legal advice, assistance with making a complaint, or want to pursue compensation for the harm caused by a barrister’s negligence, we are here to guide you every step of the way.
We take pride in offering friendly and professional services, ensuring that your case is handled with the care and attention it deserves. Our legal team are experienced in dealing with professional negligence claims and have a proven track record of success. If you believe you have been affected by a barrister’s negligence, contact Reuben Law for a private consultation today.