The average barrister is a highly-skilled legal professional with a vast knowledge of UK law. We entrust them to handle our legal affairs and to provide us with advice that suits our circumstances.
But, for all the impressive talents a barrister might bring to the table, they’re still only human. They can make mistakes, much like any other professional. And, in the legal profession, the costs associated with these mistakes can often be significant.
The advice they provide might be misleading. For example, they might advise a client to settle a case out of court for a sum that, on later reflection, appears underwhelming. They might end up losing cases that looked like sure-fire winners.
Even where they win, the client might end up being awarded less in the way of compensation than they were led to believe was likely. In some cases, the cost of reputational damage might also be considered.
What Can I Do if I Haven’t Been Represented Well?
Fortunately, the law offers a mechanism for clients who feel that they’ve been let down by their barristers. Barrister negligence occurs where the standard of representation has fallen below that which might have been provided by a competent member of the profession.
Barrister negligence claims involve quite a specialised niche of legal expertise. As such, it’s worth seeking representation from a firm that specialises in them. This way, you’ll have a reasonable chance of knowing from the outset whether your claim is likely to succeed, and exactly what you need to prove in order to get the compensation you’re looking for.
What is The Threshold For Negligence?
The threshold for negligence can be difficult to place, especially if you don’t have any experience in law, yourself. We can, however, pick out a few red flags which might indicate negligence on the part of your barrister.
When it comes to settlement, a barrister should provide clients with a range of settlement options rather than funnelling them toward one particular outcome.
One thing to bear in mind is that negligence is not simply the absence of proper representation. To be successful in a negligence claim, you will also need to be able to demonstrate that you have suffered as a result of the purported negligence. This suffering might come in the form of psychological stress, or it might mean financial hardship.
When looking to provide evidence of the latter, it’s always useful to have a paper trail to follow. If you have receipts and documents which show that you’re out of pocket, you’ll be able to present them to the court, which might then be more likely to find in your favour.
Again, a competent negligence solicitor will be able to advise you on what evidence is worthwhile and what isn’t.