Most people do not know what to expect from their barrister let alone would be able to recognise when their barrister is negligent. Most people's experiences stretch to watching a crime drama on tv!
You may well have a long standing relationship with your solicitor, however this is not normally the case with a barrister, you only normally encounter them when a solicitor instructs them on your behalf. They will do this either to provide specialist legal advice or advocacy before a court. As a result of this set-up the relationship between you and your barrister is often fleeting and tenuous at best making it all the more difficult for you , as the client to assess whether there has been any genuine barrister negligence and whether it is worth complaining. Add to that the fact that barristers are highly paid experts with what can come across as an intimidating public persona and you may to scared to even consider making a complaint let along seeking compensation.
In the past even if you knew your barrister had been negligent, they used to be protected from being sued for damages, this was the case right up until 2000. Thankfully following a landmark ruling by the House of Lords that right has now been removed and barristers are treated the same way in law as any other professional advisor.
Nevertheless, the ability to bring a claim legally and then going on to win compensation are two entirely separate things. Complaints must be brought within a six month period and there are various options as to how best to make a claim.
As with most things in the law, the process is not straightforward and you would be foolish to consider initiating any form of proceedings without first taking appropriate advice from a solicitor who has the necessary expertise and experience in dealing with cases of barrister negligence.
Whether you are making your complaint to the lay Complaints Commissioner or escalating it via the Legal Services Ombudsman the guidance of professional advisor is invaluable. Remember that your barrister will have access to the support of specialist legal help as a result of his own professional negligence insurance so you need to be equally supported if you are to have any chance of success.
So to conclude, making a claim against a negligent barrister is not an easy business but it is by no means impossible. Step one will always be find a specialist solicitor to advise you on what the next stages will be and what actions you need to be taking.