How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7345
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
12609314
Type Your Law Question Here...
Michael Holly is online now

If I ask a barrister to write my particular Of claim how

This answer was rated:

if I ask a barrister to write my particular Of claim how long should they takeMy barrister took more than 15 weeks to complete a two page particular of claim is that normal

Good Morning

Was any reason given as to why it took so long?

What type of case is it?

Was the barrister instructed by you or solicitors on your behalf?

Did the delay cause you any financial loss?

 

Michael

 

Customer: replied 8 days ago.
There was no reason given.
It’s a case where I’m suing for loss of earning and medical damage
The barrister was instructed by my lawyer
The delay means I will loose money yes and caused me a lot of psychological stress

Thank you.

Twelve weeks is a very long time for a 2 page particulars of claim to be drafted.

There are several points to consider.

1. The barrister may have been waiting for other information before it could be completed, as the Particulars needs to have details of loss of earnings as at the date of the claim , predicted future loss, a medical report needs to be attached and a prognosis.

2. The barrister is employed here by the solicitor and so your grievance is with your solicitor, why did the solicitor not, chase, insist or select another barrister.

3. You are unlikely to suffer financial loss, any monies lost during those 12 weeks can be included in the claim.

I appreciate the stress you have suffered, the personal injuries damages will include an element for the stress of the litigation.The delay will not ultimately adversely affect your claim.

The way I would deal with this is in 2 stages. The first is that I would write asking for an explanation from the solicitor within , say, 14 days. If I am not satisfied with the explanation I would say so and why and advise that I would expect any solicitor's charges to be adjusted to reflect the position.

If there are any further points kindly reply I will be happy to respond.

Otherwise, please either click accept or rate my answer on the system so I get credit for my time.

 

Best wishes

Michael

Customer: replied 8 days ago.
Can I complain directly to barristers firm?
Customer: replied 8 days ago.
When the barrister was appointed my solicitor gave me a list to choose from and I was the one who choose this particular barrister!
Customer: replied 8 days ago.
The barrister was instructed by the solicitor firm but I was the one who choose the barrister
Customer: replied 8 days ago.
The solicitor gave me a list and choice to find any barrister. I then choose this particular one and solicitor instructed him.

Yes, there is no reason why you should not contact the barrister's chambers and seek an explanation directly from the barrister.

However, my point is whilst you selected the barrister it was your solicitor who instructed the barrister so the barrister may be reluctant to communicate with you directly about this issue.

Michael

Customer: replied 8 days ago.
Can I complain to legal ombudsman
Customer: replied 8 days ago.
Or bar standards board

Not without making a formal complaint to either the solicitor's firm or barrister's chambers first.

A complaint to the Ombudsman is a matter of last resort and can only be done when the other avenues of complaint open to you have been exhausted.

 

Michael

Customer: replied 8 days ago.
Thanks
Customer: replied 8 days ago.
If I write letter of complaint to barrister firm what points should I include in the letter. I read their complaint policy you can write to the ceo even if the barrister was instructed by solicitor.
Customer: replied 8 days ago.
What points should I write and what outcomes should I expect

You are welcome, kindly remember to either click on the system to accept orr to rate my answer on the system so I get credit for my time.

Best regards

I would just put it in simple form starting with that 12 weeks is an unreasonable amount of time and the effects that it has had on you. The outcome could be a denial that it was the barrister's fault, an apology and/ora reduction in the fee

Michael Holly and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thanks I gave you five star rating
Customer: replied 8 days ago.
One last question if this will incur me financial loss can I ask in the letter for that to be compensated by the firm

Yes, you can.

Thank you for the rating

Best regards

 

Michael