Complaints Against Barristers

Question 1

Does a barrister enter a contract with their client?why?

Answer 1

No, as the barrister receives a brief from a solicitor

Question 2

As the barrister does not enter a contract with the client what does this mean for both parties?

Answer 2

• the barrister cannot sue if their fees are not paid

- the client cannot sue for breach of contract

Question 3

What case shows that Barristers can be sued fro negligence?

Answer 3

Saif Ali v Sydney Mitchell and Co 1980

Question 4

What was the outcome of Saif Ali v Sydney Mitchell and Co 1980?

Answer 4

it was held that a barrister could be sued for negligence in respect of written advice and opinions.

Question 5

What happened in the case of Saif Ali V Sydney Mitchell and Co 1980?

Answer 5

a barrister had given the wrong advice about who to sue with the result that the claimant was too late to start proceedings against the right person

Question 6

What was the outcome of Hall v Simmons 2000?

Answer 6

the HOL held that lawyers could also be liable or negligence in the conduct of advocacy in court

Question 7

What case did the decision in Hall v Simmons 2000 overrule?

Answer 7

Rondel v Worsley 1969

Question 8

What was the original decision made in Rondel v Worsely 1969?

Answer 8

that barristers were not held liable because their first duty was to the courts

Question 9

What case overrules Rondel V Worsely 1969?

Answer 9

Hall v Simmons 2000

Question 10

Why did the law lords in Hall v Simmons 2000 find that barristers could now be liable for negligence in the conduct of advocacy in court?

Answer 10

as in light of modern conditions it was no longer in the public interest that advocates should have immunity from being sued

Question 11

What did the Law Lords point out in Hall v Simmons when justifying their decision to no longer allow barristers immunity from being sued?

Answer 11

they pointed out that doctors could be sued and they had a duty to an ethical code of practise and so there was no reason why advocates should be liable in the same way

Question 12

What combatted potential criticisms of allowing barristers to be sued?

Answer 12

the Law Lords pointed out that if an action against an advocate was merely to get the whole issue litigate again then the matter would be struck down as an abuse of process

Question 13

What service does the Legal Ombudsman now deal with?

Answer 13

complaints about poor service by a barrister

Question 14

What does the Bar Standards Board do?

Answer 14

this is the body which regulates the profession of barristers

Question 15

What does the Bar Standards Board set out which all barristers must comply with?

Answer 15

a Code of Conduct

Question 16

What does the Bar Standards Board investigate?

Answer 16

any alleged breach of the Code of Conduct

Question 17

Who does the Bar Standards Board refer serious breaches of the Code to?

Answer 17

to the Disciplinary Tribunal of the Council of the Inns of Court

Question 18

What power does the tribunal of the Council of the Inns of Court have to discipline a barrister who has breached the Code of Conduct?

Answer 18

they can suspend a barrister from practise or in extreme cases the Senate can disbar a barrister from practising

Question 19

Who can disbar a barrister from practising?

Answer 19

the Senate

Question 20

How many members sit on a panel in the Barristers Disciplinary Tribunal ?

Answer 20

3-5

Question 21

In 2011-12 how many complaints were there against barristers to the legal ombudsman?

Answer 21

212

Question 22

From the 212 complaints made against barristers 2011-12 to the legal ombudsman, what % were about cost?

Answer 22

20-25%