If you’ve hired a barrister to represent you, you rely on their expertise to guide your case.
However, even experienced professionals can make mistakes. When a barrister’s conduct or advice causes concern, you might wonder if you’re experiencing negligence. It’s important to recognise when a barrister has not acted in your best interests and to understand your options. Seeking a second opinion at the right time could save your case from further harm.
This article explains how to spot signs of barrister negligence, assess its impact, and decide whether to take further steps.
Recognising Signs of Barrister Negligence
Not every mistake or poor outcome is due to negligence. However, certain behaviours or actions can indicate a problem:
- Poor communication: If your barrister consistently ignores your calls or emails, this could signal a lack of commitment or care.
- Missed deadlines: Missing court deadlines or failing to file documents on time can seriously damage your case.
- Incorrect legal advice: If you suspect that the advice you received is inaccurate, misleading, or unsupported by law, it’s worth questioning it.
- Failure to follow instructions: Your barrister should act on your lawful and reasonable instructions. If they disregard your wishes without explanation, this might be negligence.
- Unpreparedness in court: A barrister who is visibly unprepared or unable to answer straightforward legal questions in court may not be fulfilling their professional duties.
If you notice one or more of these issues, start by addressing your concerns directly with your barrister. Sometimes, misunderstandings can be resolved with clear communication.
Assessing the Impact on Your Case
If you identify potential negligence, consider how it has affected your case. Has your barrister’s conduct led to:
- A missed opportunity, such as the failure to present critical evidence?
- Financial loss because of increased legal costs or missed settlements?
- Emotional stress from prolonged or unnecessary legal battles?
- A negative outcome that might have been avoided with proper advice?
If the impact is significant, it may not be enough to raise the issue informally with your barrister. A second opinion can provide clarity and help you decide what to do next.
When to Seek a Second Opinion
Seeking a second opinion can feel daunting, but it’s often the best way to protect your interests.
- Before a major decision: If you’re unsure about a crucial piece of advice, another legal professional can help confirm whether it’s sound.
- After a setback: If your case has suffered due to an error, another barrister can review what went wrong and advise on recovery options.
- If trust has broken down: Once trust erodes, it’s difficult to proceed confidently. A second opinion can help you move forward.
To find another barrister, contact a legal referral service or approach a different chambers. Be transparent about your situation and share all relevant documents to ensure they can provide accurate advice.
Legal Recourse and Professional Standards
If you believe your barrister has acted negligently, you can take formal steps:
- Complain to the barrister’s chambers: Start by using their internal complaints procedure.
- Contact the Bar Standards Board (BSB): If your complaint isn’t resolved, the BSB can investigate professional misconduct.
- Consider legal action: In cases of clear negligence, you may be able to sue for compensation. Consult a solicitor to assess your chances of success.
Barristers must adhere to the Code of Conduct set by the BSB. This includes acting competently and in your best interests. If they fail to meet these standards, you have the right to challenge their behaviour.
