Legal Representation And Negligence – Does Your Business Have The Best Legal Representation?

Legal matters are a part of our everyday lives, particularly in business, despite the relative difficulty with which the average businessman or CEO might fully understand them. Laws are crucial for the operation and continuation of society and impact us in many ways.

When it comes to direct engagement with legal matters or practice, we invariably turn to legal counsel and representation – or, solicitors and barristers. But even legal professionals can make mistakes, and in doing so, can cause damages to your company or even tarnish your brand name. The law ‘industry’ comprises over 285,000 professionals; what does it look like when one is negligent in their role? Here we will focus on arguably the most public-facing role in law – that of the barrister. What do they do, and when are they representing your corporation improperly?

The Duties of a Barrister

A barrister is a legal representative that makes your case on your behalf in court. Typically, you do not directly engage the services of a barrister when seeking legal help. Rather, you would engage a solicitor for legal advice regarding a matter, and that solicitor would arrange for a barrister should your matter involve a court appearance.

Your barrister and solicitor would between them arrange the specifics of your case, with the barrister potentially poised to offer niche advice relating to specific areas of law. So, then, in what way can a barrister act improperly with regard to your case?

#1: Withholding Information

One of the common causes for a potential barrister negligence claim is the withholding of information, particularly that which could have been used in court for the benefit of your wider case. This might be a piece of evidence or a legal clause that could have been utilised to your benefit.

#2: Improper or Incorrect Legal Advice

In a wider sense, a barrister could be found to be negligent on account of giving improper or illegal advice to you about your case. This could be wrongful information about deadlines for certain applications or appeals, or recommendations for legal action based on false premises.

#3: Losses and Damages from Barrister Action

A barrister can only be found to have acted negligently with regard to your case if tangible losses or damages resulted from their negligence. At its most obvious, this might be that their negligent representation was the difference between exoneration and incarceration for a criminal offence. Of course, there are many ways in which damages can present, including loss of compensation for civil cases and reputational loss from the wrongful outcome of a case.

The legal field is not an easy one for any individual to understand, and legal representatives are nothing short of vital for company or industrial representatives to access and engage with legal systems. When that access and engagement are frustrated by negligent practice, it can do so much more than superficial financial harm. As such, it is also vital that people understand what good legal practice looks like, and when negligence could be a factor.

More like this