Breaching ethical duties - what happens?

Question 1

What is the independent decision body?

Answer 1

They investigate and resolve complaints to the BSB
Consist of 40 decision makers (17 barristers/23 lay members)
Decisions made by panels of 3 to 5

Question 2

What is determination by consent?

Answer 2

This is voluntary and will only happen if Barrister agrees
IDB will look at papers to see if breach occurred and decide sanction.
Barrister can agree and accept OR reject and be referred to BTAS.

Question 3

What are the penalties available to IDB?

Answer 3

Fine
Reprimand
Give advice
Complete further training

Question 4

What does the BSB disciplinary tribunal (BTAS) do?

Answer 4

Very serious breaches or referrals
Similar to judicial proceedings (witnesses give evidence)

Standard of proof:
Before April 2019 -Beyond reasonable doubt
After April 2019 - Balance of probabilities

Question 5

What are the penalties available to BTAS?

Answer 5

Disbarment
Suspension
Order practising certificate shouldn’t be used
Fine (up to £50,000)