The Barristers
profession in England and Wales has many of its own rules and
regulations regarding good practice. It prides itself of being
independent and not having the government or any other authority
interfere in its practice. However, what are the processes and
procedures when it comes to complaint handling process? The
following will show the rules and procedures that one needs to be
aware of.
If you wish to
make a compliant about a
solicitor a different process is involved.
Complaints Procedures in Chambers as regards
to Clients
This is detailed in s 403.2 (d) in the
Bar
Standard Boards Code of Conduct
- Basically whenever a complaint is made to
a barrister they must deal with these complaints in a way which
is polite, punctual and deals with the relevant issues.
Furthermore every Chambers must have its own complaints
procedure which must be available to the client should they ask
for one.
How Complaints must be handled in Chambers
Requirements according to Annex S of the Code
of Conduct:
- The most important information is that
when barristers are instructing a lay client or a professional
they must as soon as possible inform them that a complaints
procedure form is available should they request one and that
they need not make a complaint through a solicitor but can do so
directly (s1 a & b)
- Furthermore complaints procedures must be
available to both professional clients and lay clients as well
as any intermediaries.
Response to Clients
According to s 5 a to c of Annex S of the Code
of Conduct:
- After prompt acknowledgement of complaint
the complainant must be given the name and description of the
individual within Chambers who will deal with that complaint, be
provided with a copy of the complaints procedure form, and be
informed of the date when the claimant will further hear from
the Chambers.
Accordingly, s 6 a to b of the Code of
Conduct, the following needs to be done if a complaint is referred
to the Commissioner:
- The Head of Chambers must notify the
Commissioner after 6 weeks of the referral as regards to the
progress or outcome of the consideration of the complaint and
when there is no outcome update the Commissioner every 6 weeks
until there is an outcome at which point the commissioner must
be notified.
Complaints against Barristers through the
Disciplinary Tribunal Process
The following information
is based on the Bar Standard Board’s ‘Complaints against Barristers’
document and the Annexe J- Complaint Rules 2009.
When complaints against a Barrister can be
adjudicated using the Disciplinary Tribunal Process?
Complaints about a barrister will only be
sent to a Disciplinary Tribunal after there is a thorough
investigation which accumulates enough evidence to show a breach
of the Code of Conduct so the complaint will be sent for
adjudication.
According to Annexe J of the Complaints
Rules 2009 from the Bar Council:
- S 21) if a complaint is not dealt within 3 months
by the Chambers without any adequate explanation, the complainant
could notify the commissioner
- S 25) the onus is on the complainant and they
have the burden of proof. Furthermore, the complainants have to make
the complaint 6 months after the incident which is complained of or
3 months if not content with the investigation of the complaint.
- S 26) if complaint not made within time frame
identified in s 25, it will be dismissed unless the Commissioner
feels that it should be examined further due to an ‘exceptional
circumstance’ or ‘seriousness of act or omission’.
- S 27) this sections looks at criteria for further
consideration such as seriousness of claim, capability of being
properly investigated, other reasons for not looking at the
complaint etc.
Respective Roles of the Bar Standards Board and
Complainant in Proceedings:
- Once the decision is made that the case will
go to the Disciplinary Tribunal the complainant cannot be a
participant in the proceedings. Instead the Bar Standards Board
will take on the responsibility for prosecuting the case against
the barrister.
Different Types of Tribunals and the Authority
they have:
There are two different types of tribunals,
‘three person disciplinary tribunals’ and ‘five person disciplinary
tribunals’. The allocation of the complaint to either of these
tribunals depends on seriousness of the breach.
Three Person Disciplinary Tribunals
- These tribunals usually consist of a chair, a
barrister, and a lay member. The chair is oftentimes a Queen’s
Counsel, but in some instances could also be a judge.
- They have the power to impose various penalties
Five Person Disciplinary Tribunals
- This tribunal consists of a chair
(Judge) plus two barristers as well as two lay members.
- They can impose the same penalties
as above plus they can suspend or disbar a barrister.
The Process of Disciplinary Tribunals
This procedure finds it source from the Bar
Council’s Code of Conduct and its full details can be available from
the Disciplinary Tribunals Regulation 2009. These will be briefly
summarized below:
Stage 1
This stage involves the charges being served
along with the supporting documents.
Stage 2
This is the stage in which directions are made.
At this stage the timetable is consented upon and complied with.
Stage 3
At this stage the date of the hearing is approved
after being agreed upon.
Stage 4
This is the final stage where the actual hearing
will take place
The various procedures and complaint handling
processes have now been briefly explained. It can be seen even from
this brief explanation that the process can be quite arduous.
Despite this the procedure is in place should you desire to use it.
