Write Letter of Claim to a negligent barrister
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Post a project like this£75(approx. $94)
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Description
Experience Level: Expert
Dear Jewel
I instructed a direct access barrister in September 2017 and instructed him to amend my Defence and counter claim for Misrepresentation and Defamation against Claimant which I had already filed at the court in July 2017. We agreed a £780 fixed fee for the re-drafting the document. He sent a client care letter and claimed to be experienced in the field. (I had filed my defence and counter claim in a rush and felt it didn't meet CPR rule requirement and decided to instruct a barrister to re draft it properly.) However, a week later this barrister emailed me a draft which had many mistakes. He had dropped my counter claim for defamation and made mistakes in calculating losses. When I drew his attention to his calculating mistakes he first apologized that he was babysitting from home. But then sent a 2nd defective draft which had more mistakes than before. I again drew his attention to his mistakes. He then started asking for more money to put it right. I declined. And sought refund. He refused and referred me to his chambers Complaints Procedures. His chambers allocated another barrister who said since I had not accepted his offer of a conference on paid basis to understand this case better they were unable to refund my money. And planted the blame on me if I had accepted his offer of a conference he would have understood case better. And he didn't include Defamation since it was not pleaded in the original draft I had filed at the court. Please note I had pleaded defamation in the original draft. Its just that he was not focusing or reading documents with due attention and concentration. Chambers referred me to Legal Ombudsman. I was reluctant to go there since their case workers are not lawyers. But reluctantly filed a complaint in April 2018. Ombudsman appointed a case worker in August last year who spoke to me and the negligent barrister over the phone and I emailed her both his drafts and other emails. However, she told me over the phone he was saying his instructions were not clear as to what I wanted him to do and he was not willing to refund my money. And would decide in his favour. But would consider awarding me £50 for the delay chambers took to reply to my complaint. This was verbal. I decided to withdraw the complaint. There has been no written decision from Legal Ombudsman. But Chambers claim Ombudsman wrote to him that they were going to decide in his favour but I withdrew complaint. I emailed Ombudsman and they deny writing to him that they were going to decide in his favour. I wrote a letter of claim to his chambers in December that I was going to small claims court but they is no positive reply from the chambers or this barrister about refund of my £780.
I instructed a direct access barrister in September 2017 and instructed him to amend my Defence and counter claim for Misrepresentation and Defamation against Claimant which I had already filed at the court in July 2017. We agreed a £780 fixed fee for the re-drafting the document. He sent a client care letter and claimed to be experienced in the field. (I had filed my defence and counter claim in a rush and felt it didn't meet CPR rule requirement and decided to instruct a barrister to re draft it properly.) However, a week later this barrister emailed me a draft which had many mistakes. He had dropped my counter claim for defamation and made mistakes in calculating losses. When I drew his attention to his calculating mistakes he first apologized that he was babysitting from home. But then sent a 2nd defective draft which had more mistakes than before. I again drew his attention to his mistakes. He then started asking for more money to put it right. I declined. And sought refund. He refused and referred me to his chambers Complaints Procedures. His chambers allocated another barrister who said since I had not accepted his offer of a conference on paid basis to understand this case better they were unable to refund my money. And planted the blame on me if I had accepted his offer of a conference he would have understood case better. And he didn't include Defamation since it was not pleaded in the original draft I had filed at the court. Please note I had pleaded defamation in the original draft. Its just that he was not focusing or reading documents with due attention and concentration. Chambers referred me to Legal Ombudsman. I was reluctant to go there since their case workers are not lawyers. But reluctantly filed a complaint in April 2018. Ombudsman appointed a case worker in August last year who spoke to me and the negligent barrister over the phone and I emailed her both his drafts and other emails. However, she told me over the phone he was saying his instructions were not clear as to what I wanted him to do and he was not willing to refund my money. And would decide in his favour. But would consider awarding me £50 for the delay chambers took to reply to my complaint. This was verbal. I decided to withdraw the complaint. There has been no written decision from Legal Ombudsman. But Chambers claim Ombudsman wrote to him that they were going to decide in his favour but I withdrew complaint. I emailed Ombudsman and they deny writing to him that they were going to decide in his favour. I wrote a letter of claim to his chambers in December that I was going to small claims court but they is no positive reply from the chambers or this barrister about refund of my £780.
Miss Sami K.
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