Advising Chambers, Barristers and Judges

ADVICE IN BSB PROCEEDINGS

We provide a specialised service to barristers accused of professional misconduct, in particular those faced with BSB investigations.

The number of complaints of alleged wrongdoing to the Bar Standards Board (BSB) has increased significantly in recent years, particularly in respect of personal conduct, sexual harassment and the inappropriate use of social media.

The professional and reputational consequences of a regulatory investigation can be devastating for the individuals concerned as well as their families, at worst resulting in significant long term harm to careers and reputations. In many cases, with the right support, disciplinary action can be avoided altogether.

For many years we have advised and represented barristers and judges facing investigations instigated by the Bar Standards Board (BSB) providing constructive, critical advice from the very start of the process.

Our specialist team, led by Julie Norris, is consistently ranked in the top band (Band 1) in both Chambers & Partners UK and Legal 500, and has a proven track record of achieving the best possible outcome for our clients.

Over the last couple of years, the number of reports about barristers received by the BSB has risen significantly to approximately 1,900 compared to around 475 in previous years. While cases before the Bar Tribunal and Adjudication Service (BTAS) are a small proportion of those the BSB investigates, the investigations process can be highly sensitive, time-consuming and stressful. The rules and regulations in the BSB Handbook that govern barristers and BSB authorised entities are complex and require swift, careful and practical advice.

Our team has advised on the drafting of the BSB Disciplinary Tribunal Regulations as well as the current edition of the BSB’s Code of Conduct and Handbook; we are extremely well-placed to advise both individuals and firms on the full range of issues which may arise in practice, including:

• BSB scope of practice and authorisation
• Disciplinary proceedings before the Bar Tribunal and Adjudication Service (BTAS)
• Challenges to Bar training provider outcomes
• Proceedings before the Inns Conduct Committee
• Chambers governance, including dealing with complaints and reports to the BSB

ADVICE FOR JUDGES IN JCIO INVESTIGATIONS

Facing an allegation of judicial misconduct (whether as a salaried or fee-paid judge, tribunal member or coroner) can be extremely stressful and have serious potential consequences. The remit of the JCIO is to look into allegations of personal misconduct, not in relation to decisions or orders made by you. Their work (on behalf of the Lord Chancellor and the Lady Chief Justice) is, by its nature, private and little is made publicly known about outcomes.

Having acted in JCIO investigations for a number of years, we have a sound understanding of the investigatory and advisory function of the JCIO and how best to navigate its processes. At every step along the way we will look to secure the best possible outcome that will protect both your office and professional standing.

We advise judges:

• In local investigations, at Circuit level;
• In seeking to get matters dismissed, pre-decision to refer the case to the Nominated Judge;
• At the stage where the matter is considered by the Nominated Judge.

We are a BMIF panel firm and if covered, we can act for judges funded in this way.

INTERNAL INVESTIGATIONS

In even the best run chambers things can still go wrong. Responding promptly and effectively to these issues can minimise reputational and regulatory risks. We appreciate how sensitive internal investigations are and we operate to the highest levels of discretion.

How we can help

We can help you by getting to the bottom of what went wrong, advising you on how to put it right and making recommendations so that lessons can be learnt and the same or similar issues do not arise in the future.

• We advise on the scope of the investigation and its structure in order to ensure confidence in its outcome.
• We manage the data collection exercise (where indicated), ensuring data is collected in a forensically sound manner, is handled in compliance with data protection laws and that, throughout the process, legal professional privilege is protected.
• We plan and conduct interviews.
• We prepare an investigation report for employment law or regulatory purposes.
• Where there is a law enforcement or regulatory nexus, we manage the relationship with the authorities, including advising on BSB, ICO etc. reporting obligations.

advice and TRAINING FOR CHAMBERS

We provide bespoke training to chambers’ employees and / or members on a wide range of regulatory and compliance issues. Our specialist employment, regulatory, reputation management and data protection lawyers bring a range of expertise to bear on the issues that face chambers on a daily basis, including:

• Anti-Money Laundering (and Counter Terrorism), Bribery and Corruption
• Cyber security
• Conflict and confidentiality
• Data protection
• Equality, Diversity and Inclusion
• Health and Safety, including fire safety
• Internal Investigations, dealing with complaints and grievances
• Sanctions
• Tackling harassment

Click here to contact the team and find out more about our training modules.

CHAMBERS: FREE HEALTH CHECK QUESTIONNAIRE

The Chambers’ compliance check is free and takes less than an hour to complete. Click here to get started.

KNOWLEDGE: REGULATORY BULLETIN FOR CHAMBERS

Being a CEO, director or head clerk means keeping up with an ever-expanding list of legal and regulatory requirements and obligations. Whilst few chambers are BSB regulated entities, the BSB secures corporate compliance in areas such as service provision, pupillage, complaint handling, insurance, equality and diversity (the list goes on), through the barristers that it does regulate. Having a single source for this all relevant updates from the BSB, LSB, ICO and in employment law is a useful tool in anyone’s armoury.

Signing up to our quarterly newsletter is free. We welcome feedback on coverage and topics or areas that would be useful to incorporate. If you would like to talk to us about the newsletter, or a specific legal issue, please contact a member of the team.

INTERNAL INVESTIGATIONS

• Advising a dual-qualified solicitor and barrister in relation to a self-report to the BSB following a drink-driving conviction.
• Acting for a senior barrister in respect of allegations of misconduct and inappropriate conduct in chambers in proceedings brought by the BSB.
• Successfully acting for a practising barrister and Recorder in respect of a complaint made to the JCIO concerning alleged judicial misconduct.
• Successfully arguing the application of extenuating circumstances in respect of a Bar Professional Training Course (BTPC) examination.