Direct Access Barrister for Professional Negligence Case

[bigothunter]

I would appreciate advice on engaging a direct access barrister please.

Issue is professional negligence by a solicitor on a boundary dispute, which has led to significant additional legal costs being incurred plus several years of anguish. Case looks clear cut and straight forward. Engaging a barrister directly seemed obvious as it cuts out the need for a solicitor interface, reduces communication complexity, time and cost.

However the process of finding a barrister willing to take on this case, has drawn a blank. After several enquiries to barristers, all but one have been ignored. Only this one barrister has had the courtesy of declining the case. We are getting nowhere and clearly doing something wrong. Makes me wonder if barristers shy away from litigation on other members of the legal profession.

Only recourse seems to be reluctantly engaging a barrister via a solicitor interface.

Anyone have other bright ideas? All constructive comments welcomed.

[ReverendCounter]

Have you tried Arnheim Law? The only reason I ask is they have an ongoing ad in the back of Private Eye stating, 'Yes, you can now come direct to a Barrister. Ring 020 7833 9625 or 07850 629 298 [e-mail]'

[SydneyBridge]

Look on

https://www.clerksroom.com/

Have you exhausted the Firm's complaints procedure and the Legal Ombudsman?

[agtlaw]

MyBarrister > Clerksroom.

[Amateurish]

SydneyBridge said:

Look on

https://www.clerksroom.com/

Have you exhausted the Firm's complaints procedure and the Legal Ombudsman?

+1 for using the LeO first, before going down this route

[Pro Bono]

bigothunter said:

Issue is professional negligence by a solicitor on a boundary dispute, which has led to significant additional legal costs being incurred plus several years of anguish. Case looks clear cut and straight forward.

Professional negligence cases are hardly ever clear cut or straightforward, and where a boundary dispute is involved (notoriously difficult to resolve) this applies even more.

Have you had legal advice to the effect that the firm have been negligent, or have they admitted it? If not, what seems "clear cut and straightforward" to you may be anything but, and may also explain why you're having problems finding someone to take it on. It's a complete myth that lawyers are reluctant to sue other lawyers - quite the opposite these days with the claims industry being so greedy for claims - but no lawyer wants to take on a dud case.

If your claim does have any merit then it's pointless trying to go straight to a barrister, as they can't deal with all the paperwork that you'll need to pursue a claim, such as corresponding with the solicitors' insurers. You would be far better going to a firm of solicitors that specialise in pro neg cases - if the case is any good they'll run it on a no win no fee basis for you, so you've nothing to lose.

[agtlaw]

Pro Bono said:

as they can't deal with all the paperwork that you'll need to pursue a claim, such as corresponding with the solicitors' insurers.

Wrong.

[anonymous-user]

agtlaw said:

Pro Bono said:

as they can't deal with all the paperwork that you'll need to pursue a claim, such as corresponding with the solicitors' insurers.

Wrong.

Somewhere in the middle really. There are some regulatory hurdles to jump through, and whilst it’s possible in principle to do, in practice it’s less than straightforward esp if running a large civil claim.

[JQ]

Pro Bono said:

Professional negligence cases are hardly ever clear cut or straightforward, and where a boundary dispute is involved (notoriously difficult to resolve) this applies even more.

Have you had legal advice to the effect that the firm have been negligent, or have they admitted it? If not, what seems "clear cut and straightforward" to you may be anything but, and may also explain why you're having problems finding someone to take it on. It's a complete myth that lawyers are reluctant to sue other lawyers - quite the opposite these days with the claims industry being so greedy for claims - but no lawyer wants to take on a dud case.

This. I act as an expert witness in property negligence claims and nothing’s ever clear cut. I’m also very picky about what claims I’ll take on, but that’s more to do with my area of expertise rather than the merits of the claim. I probably only take on 30% of the cases I look at.