BARRISTERS & SOLICITORS PROFESSIONAL NEGLIGENCE CLAIMS

Taking legal action for negligence against a solicitor or barrister has always been a difficult if not impossible proposition. In the past barristers had complete protection on the basis that they were often at the forefront of the law, taking groundbreaking legal action that may never have been tried in the past and as such they could not be blamed if matters in court did not go as expected.

Historical Differences

The historical distinction between solicitors and barrister was that solicitors prepared cases and barristers represented clients in a court of law using documentation mainly prepared by solicitors and it was in regards to actions in court that lawyers were fully protected. The previous distinction between solicitors has with time become blurred and barristers no longer have exclusive rights to represent clients in most courts. In addition both solicitors and barristers can now be sued for negligent conduct in regards to advice, preparation of legal documents and advocacy in a court of law.

Reasonable Standard of Competence

Whether or not a solicitors or barristers conduct on behalf of a client is negligent does to some extent depend on location due to the fact that in some states common law applies whereas other states have legislated for the issue. Common law generally dictates that conduct must conform to a reasonable standard whereas legislation allows for a solicitor or barrister to act lawfully if they conform with widely accepted peer professional opinion provided that the approach was rational. In all cases the court will determine what a reasonable standard of care is after hearing all of the evidence both documentary and sworn witness opinion.

Insurance

All solicitors in all states are required to take out a policy of insurance to cover against professional negligence and it is the insurers who will deal with any claim made against a solicitor and it is the insurers who will appoint legal council to represent an alleged negligent solicitor. In the event that negligence is proved it is the insurer that will settle the claim with no direct payment coming from the solicitor however that solicitor’s insurance premiums are likely to suffer a substantial increase in the next insurance period.

Litigation Lawyers

If you would like to speak to a specialist professional negligence solicitor and obtain free legal advice without further obligation just complete the contact form or email us and a specialist lawyer will call you. If you decide to pursue your claim we may be able to offer the no win no fee scheme. We will take a detailed statement over the phone and carry out a risk assessment there and then before advising on your chances of success and the estimated damages that may be appropriate to provide adequate compensation.