Complaints Against Barristers/Solicitors/Legal Executives

Question 1

When complaining against a barrister, who must they complain to first?

Answer 1

Chambers

Question 2

If the chambers/firm/CILEx Regulation Board do not resolve the case, what is the next step for complaining against a barrister/solicitor/legal executive?

Answer 2

Legal Ombudsman for poor service, Bar Standards Board for breach of conduct

Question 3

Complaints to the Legal Ombudsman are set up what and under which Act?

Answer 3

Set up by Office for Legal Complaints, under Legal Services Act 2007

Question 4

The Legal Ombudsman’s decision is..

Answer 4

Legally binding

Question 5

What can the Legal Ombudsman do?

Answer 5

Order barrister/firm/legal exec to apologise, return any documents the client may need, refund/reduce legal fees, pay compensation up to £30,000

Question 6

The Bar Standards Board deals with which complaints?

Answer 6

Barristers that have breached the Bar’s Code of Conduct

Question 7

What can the Bar Standards Board do?

Answer 7

Discipline any barrister in breach, and if the matter is serious refer to a Disciplinary Tribunal arranged by independent Bar Tribunals Service

Question 8

What can a tribunal do to a barrister?

Answer 8

Reprimand, make them do further training, pay a fine up to £50,000, suspend them or disbar them

Question 9

What can a barrister be sued for?

Answer 9

Negligence

Question 10

When can a barrister be sued for breach of contract?

Answer 10

Civil cases in which the client has directly accessed the barrister without a solicitor

Question 11

What happened in Hall v Simons (2000)?

Answer 11

Ended immunity for barristers

Question 12

What is the first step in complaining against a solicitor?

Answer 12

Office/firm

Question 13

The Solicitors Regulation Authority deals with which complaints?

Answer 13

Professional misconduct, breaching one or more of the SRA principles

Question 14

If there is evidence of serious misconduct of solicitors, the case will be put before..

Answer 14

Solicitors Disciplinary Tribunal

Question 15

What can the Solicitors Disciplinary Tribunal do?

Answer 15

Fine, reprimand or strike them off the roll in serious cases

Question 16

Can a solicitor be sued for breach of contract?

Answer 16

Yes - they enter directly into a contract with their client

Question 17

Solicitors can also be sued for negligence, as seen in..

Answer 17

White v Jones (1995)

Question 18

What is the first step in complaining against a legal executive?

Answer 18

CILEx Regulation Board

Question 19

What does the CILEx Regulation Board do?

Answer 19

Investigate the issue and give a summary to the Professional Conduct Panel for consideration, reprimand and warn the member. In serious cases, refer to Disciplinary Tribunal who can exclude a person, reprimand/warn, fine them up to £3,000 plus costs