Regulation Of Barristers Flashcards
What is the role of the General Council of the Bar?
The General Council of the Bar is the governing body of barristers in England and Wales. It represents their interests and promotes high standards across the profession.
Where are complaints about barristers usually made first?
Complaints are usually made to the barrister’s Chambers regarding issues like excessive fees, delays, lack of communication, or negligent advice.
What happens if a complaint is not satisfactorily resolved within Chambers?
If unresolved, complaints can be made to the Bar Standards Board (BSB), which regulates the profession.
What is the Bar Standards Board (BSB) and what does it do?
The Bar Standards Board (BSB) was created under the Legal Services Act 2007 to regulate the profession. It publishes a Code of Conduct and investigates breaches.
Who does the Bar Standards Board (BSB) consist of?
The BSB consists of 8 lay people and 5 barristers. The Chair is Baroness Tessa Blackstone.
What actions can the Bar Standards Board (BSB) take if a barrister breaches the Code of Conduct?
The BSB can discipline barristers who breach the Code. This includes actions such as warning, further training orders, or even suspension or disbarment.
Where are serious matters of professional misconduct referred to?
Serious matters of misconduct are referred to the Disciplinary Tribunal of the Council of the Inns of Court.
What penalties can the Disciplinary Tribunal impose on a barrister?
The Tribunal can impose various sanctions, including a formal warning, further training, a fine up to £50,000, suspension for up to a year, or even disbarment (striking off).
What can a complainant do if they are unhappy with the Disciplinary Tribunal’s decision?
If dissatisfied, the complainant can take the matter to the Legal Ombudsman, which was set up under the Legal Services Act 2007.
What can the Legal Ombudsman do in response to a complaint?
The Legal Ombudsman can order an apology, work to be re-done, a refund, or compensation up to £30,000.
Can a barrister be sued for negligence?
Yes, a barrister can be sued for negligence in both written advice and court advocacy.
What is the legal precedent for barristers being sued for negligence in written advice?
The case of SAIF ALI v SYDNEY MITCHELL (1980) established that a barrister can be sued for negligence in written advice.
What is the legal precedent for barristers being sued for negligence in court advocacy?
The case of HALL v SIMONS (2000) established that a barrister can be sued for negligence in advocacy in court.
