Most countries that are common law jurisdictions, such as that found in the UK have a legal profession that is split into two parts namely, barristers and solicitors. A barrister is a lawyer who mainly deals with advocacy in a court of law whereas a solicitor has more direct contact with clients and is usually responsible for preparation of a case for trial. Both solicitors and barristers can be sued for compensation for professional negligence. A claimant or a defendant can chose to represent themselves in court however they are most often represented by a lawyer who may be a solicitor or a barrister, although there are some courts where representation exclusively by barristers is the norm. Barristers generally prepare court documents known as pleadings and are usually instructed by solicitors to deal with advocacy in court for a particular case.
Negligent Legal Advice
One of the most important functions of a barrister relates to the giving of an opinion on issues in dispute between the parties and it is here that most allegations of barrister professional negligence arise. In many cases there is nothing to guide a barrister in what may be ground breaking law and previously this was recognised by the courts which, in the past, would not entertain a claim for professional negligence against a barrister however that protection eventually came to an end and a barrister can now be sued for professional negligence in the same way that all others who give professional advice can be made the subject of legal proceedings for negligence.
Defended Legal Actions
It is very clear that suing a barrister for professional negligence is not usually an easy task given their experience of the case in hand, combined with their expertise and professional abilities in concert with a specialist solicitor and barrister employed by their professional indemnity insurers to defend any claim. Money is often no object in the defence of allegations of barrister’s professional negligence, not only because the reputation of the barrister is at stake but also because professional negligence insurers do not want to be seen to be losing cases thereby encouraging the flood gates to open for other dissatisfied barristers clients.
Barristers Insurance Cover
Most business people who give advice deal with their clients in an efficient and competent manner however there are times when things go wrong and at that point you may need to take advice from a firm of professional negligence solicitors. To succeed in a claim for compensation for inadequate services you will have to prove that there existed a duty of reasonable skill and care which has been breached causing you to suffer financial loss. Most professional advisers including solicitors, barristers, accountants, architects, surveyors, valuers, estate agents, banks, insurance brokers and financial advisers have indemnity insurance to cover liability that they may incur and many are required by their trade associations to carry insurance cover and as a result a claim against them by professional negligence solicitors is not paid directly out of their pockets but is paid for by their indemnity insurers.
Please Note that solicitors do not deal with complaints about poor service, bad attitudes or inadequate procedures. Professional negligence solicitors deal with claims involving financial loss that has been or is likely to be sustained. For More Information Visit: Probate lawyer