Illustrative case study
This case study illustrates how the NZBA liability protection plan can help protect NZBA members:
James filed a claim against his barrister, and their solicitors regarding the legal advice received in a property dispute with his ex-wife.
James and his ex-wife had a contracting-out agreement, but when James started a new business venture, the Family Court ruled that the shares in this new venture were relationship property. After several appeals, James was ordered to pay his ex-wife $800,000.
James sought to recover this amount, along with legal costs, from his barrister. He claimed that his barrister failed to properly advise him about the risks of litigation and the importance of seeking a settlement. Although his barrister believed they had advised James to pursue an early resolution, they did not document much of their discussions.
Additionally, the barrister did not inform James that he might not be able to claim against the solicitors due to time limits, nor did they disclose a potential conflict of interest involving the solicitor who drafted the disputed document. The barrister also failed to mention that a settlement offer of $600,000 might be possible, which was significantly lower than the $1.1 million offered during negotiations and the $800,000 he was ordered to pay.
The claim that James filed against his solicitor went to mediation, where it was settled for $250,000. The barrister was found personally liable, however their Liability Protection Plan (insurance) covered the settlement, defense costs, the mediator’s fee, and an expert opinion.
This case study is fictional and does not represent any real-life individuals, events or organisations.