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Legal matters

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Anyone answer questions on unregistered barrister please

5 replies

greenberet · 17/04/2019 20:14

Solicitor sought advice from unregistered barrister - I did not know barrister was unregistered - he was referred to as consultant counsel in terms of business but in conversation and email as barrister.

Advice I received is questionable.

Did solicitor have a legal obligation to tell me barrister was not practising?

Did barrister have any obligation to tell me he was not practising?

Am I expected to know the difference between a barrister and consultant counsel.

If I had known barrister was not registered I’m pretty sure I would not have gone ahead due to previous experience with legal profession that solicitor knew about.

Thankyou

OP posts:
BritInUS1 · 17/04/2019 20:15

Call the SRA for advice on this www.sra.org.uk/home/home.page they should be able to help

Collaborate · 17/04/2019 23:51

Before you involve anyone else, have a look at this. www.barstandardsboard.org.uk/media/1569681/guidance_for_unregistered_barristers__holding_out.pdf

greenberet · 18/04/2019 10:49

Thanks @collaborate - I have seen that but I am confused and concerned I have been misled again.

Solicitor is telling me he did not need to tell me barrister was unregistered saying he felt it was irrelevant.

Solicitor is saying he has overall conduct for my case and his firm is regulated by law society.

My understanding is that solicitor should have told me - maybe barrister as well - is this right?

OP posts:
greenberet · 18/04/2019 10:55

Should just add i paid assuming advice was coming from a barrister but I am confused by solicitor saying he had “overall conduct of my matter” and “considered and approved the advice”

I have questioned that the total fee went to the “barrister” but solicitor is refusing to say citing Data Protection Act

OP posts:
Collaborate · 18/04/2019 12:50

Ultimately the buck stops with your solicitor, with whom you have the contract. If the advice is incorrect then the solicitor is responsible for either correcting it or providing you with an alternative remedy.

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