The Regulation of the Legal Profession

What is the Regulation of Barristers contained under?

The Bar standards board

What is contained under The Bar standards Board?

¨ Sets training and standards for the bar via a Code of Conduct that barristers must comply with.

¨ The Board investigates any alleged breach of the Code of Conduct and can discipline a barrister who is in breach of the Code of Conduct

¨ If the matter is serious, it will be referred to a Disciplinary Tribunal arranged by an independent Bar Tribunal and Adjudication service.

¨ The tribunal may sanction the barrister by: issuing a reprimand (Formal warning); compelling the barrister to do more training; issuing a fine; suspending the barrister for up to three years; disbarring the barrister (striking the barrister off).

¨ If a complainant is unhappy with the BAR Standards Board’s decision they can complain to the Legal Ombudsman.

What can Barristers be liable for?

As Barristers enter contracts via direct access they can be sued in contract law if direct access has been used; they can also be sued in negligence if they fail to reach the standard of a reasonable barrister (not just that they loose a case).

Who are solicitors regulated by?

¨ Note, even though all solicitors must be part of the Law Society solicitors are regulated by the solicitors’ regulation authority (SRA)

What do the SRA investigate?

¨ The SRA investigates complaints and if there’s serious professional misconduct brings the case to the Solicitor’s Disciplinary Tribunal

¨ If the Tribunal upholds the complaint it can issue: reprimands (formal warnings); fines; suspend the solicitor; or strike them from the Roll (striking the solicitor off).

How can solicitors be liable in contract?

¨ Solicitors and clients enter into contract meaning if the client does not pay the solicitor can sue for the outstanding fee.

¨ The client can also sue the solicitor in contract for failing to do the agreed wor

How can solicitors be liable in negligence?

¨ Solicitors can be sued in negligence if their work is not of a reasonable standard (Hall V Simmonds)

¨ Can also be sued by those who they owe a duty of care towards – even where they do not have a direct contract (White V Jones).

What is the regulation of legal executives come under?

¨ All legal executives are members of the Chartered Institute of Legal Executives (CILEx). CilEx publishes a code of conduct and guides to good practice, but regulation is done by the CILEx Regulation Board.

What will the CILEX do?

¨ The CILEx Regulation Board investigates complaints about legal executives and the puts a summary to the Professional Conduct Panel for consideration.

¨ If there is misconduct it may reprimand or warn the member.

¨ For serious misconduct, the Board will refer the matter to the Disciplinary Tribunal which may: exclude a person from membership of the institute; reprimand or warn the member; or order the executive to pay fines and costs.

What about regulation of all the legal professions?

¨ In addition to the regulatory bodies aforementioned, there is also the Office for Legal Complaints (Established by the Legal Services Act 2007).

¨ The Office for Legal Complaints provides a free service to investigate a complaint and refers the case to the Legal Ombudsman where appropriate.