Regulation of Barristers Model Answer

• The General Council of the Bar is the representative body for barristers (like a trade union) and promotes high ethical standards. However, the regulation body is the Bar Standards Board, which sets training and entry standards and sets out a Code of Conduct which barristers should comply with.
• Generally a complaint against a barrister is made first to their Chambers but if not satisfactorily dealt with, a complaint can be made to the Bar Standards Board. They investigate any breach of the Code of Conduct and can discipline a barrister which includes referring serious matters to a Disciplinary Tribunal. They have a range of sanctions including formal warnings or reprimands; making the barrister do further professional training; fines of up to £50,000; suspensions of up to 1 year or disbarring (striking a barrister off).
• In serious matters of professional misconduct, the barrister will be referred to the Disciplinary Tribunal of the Council of the Inns of Court and ultimately, the barrister may be struck off.
• The Office for Legal Complaints set up by the Legal Services Act 2007 deals with complaints regarding the way a complaint was handled. The matter is referred to the Legal Ombudsman who will examine complaints about where the professional body i.e. the Bar Council does not provide a satisfactory answer.
• Barristers can also be sued if they are negligent in giving advice: Saif Ali v Sidny Mitchell & Co or negligent in their conduct of advocacy : Hall v Simon. This is because it is now recognised that a barrister owes a Duty of Care to a client to represent them to the best of their ability. If a Barrister fails to do this, they can be sued for breach of contract with a client. A Judge may award Damages in a case