A client who wishes to make a complaint about a barrister has several options. They can first complain directly to the barrister's chambers, and if unsatisfied with the response, complain to the Bar Standards Board (BSB). If still unsatisfied after a BSB investigation and hearing, the client can then take their complaint to the Legal Services Ombudsman (LSO). Beginning in 2010, a new organization called the Office for Legal Complaints will handle all legal complaints instead of individual regulatory bodies like the BSB.

1. Complaining about a Barrister
A barrister’s relationship with a client is different from a solicitor in
that it is the solicitor who has instructed the barrister, not the
barrister. Therefore a barrister usually doesn’t enter into a contract
with a client, unlike a solicitor. As a result, if the barrister’s fees aren’t
paid, he cannot sue for breach of contract. On the other hand, he also
cannot be sued for breach of contract. However, a barrister can still be
sued in negligence, if their work fell below the reasonable standard which
is expected.
In Saif v Syndey Mitchell and Co (1980) the barrister had given written
advice to the client about who to sue. As a result the claimant was out of
time to start legal proceedings against the correct defendant and
therefore their case was “statute barred”. It was held that a barrister
could be sued for negligent written advice and opinions.
In Hall (a firm) v Simons (2000) the House of Lords held that barristers
could also be sued for negligence in court on the basis that it was no
longer in the public interest that advocates should have immunity from
being sued for negligence. The barrister argued that their duty was to
the courts and they should be free to do their duty fearlessly and
independently. This was not accepted by the Law Lords and therefore the
Claimant was successful.
If a client wanted to make a complaint against a barrister, they should
firstly make a formal complaint direct to the barrister’s chambers or
employer. All chambers are required to have a written complaints
procedure and client’s are entitled to a copy of this document. There will
be a stipulated time limit within the procedure, and therefore a client
should apply within the stated time frame.
If a client is still unhappy with the outcome of the complaint, they may
complain direct to the Bar Standards Board (BSB). The client must make
the complaint to the BSB using their complaint form within 3 months of
receiving a reply from the barristers chambers to the original complaint
or within 6 months of the events of which the Client is complaining about,
unless there are exceptional reasons for the delay e.g. a death in the
client’s family. If these time limits are not stuck to (unless for an
exceptional reason) the BSB will not consider the complaint.

2. The BSB was set up in January 2006 to regulate the work of Barristers.
This work was previously carried out by the Bar Council. The work of the
BSB is independent from the Bar Council and is responsible for making
sure that the high standards of the profession are maintained.
The BSB deals with complaints relating to either misconduct or
inadequate professional service (i.e. their work has fallen significantly
below the expected standard).
When the complaint is lodged with the BSB, the complaint will be
considered by the Complaints Commissioner of the BSB and will decide
whether it should be investigated. The BSB will write to the barrister and
any witnesses involved if they decide it needs to be investigated, and will
send them a copy of the Client’s complaint form. The barrister will then
give an explanation to explain why they took the action that they did. If
the Commissioner believes that the barrister may have provided the
Client with poor service or breached the Professional Code of Conduct, or
the Client was dissatisfied with the response given by the barrister, the
Client may refer the complaint to an Independent Panel for a Hearing.
The Complaints Committee is made up of barrister and lay members who
will decide whether to refer the Client’s complaint to one of two panels:
Adjudication Panel (for Inadequate Professional Service); Disciplinary
Tribunal (for Professional Misconduct). The panels will consider the
Client’s case and if they find that the barrister provided inadequate
service or was breached the professional code, they can order the
barrister to either:
- Apologise to the Client
- Repay the Client’s fees
- Pay the Client compensation up to £15k (only for IPS)
- Give the barrister advice or reprimand
- Order the barrister to pay a fine to the BSB
- Suspend the barrister
- Disbar the barrister (strike him off)
- A combination of the above
If the Client is still not happy with the outcome of the complaint, they
can make a complaint to the Legal Services Ombudsman (LSO), Zahida
Manzoor. This post was created following the implementation of the
Court and Legal Services Act 1990. The LSO’s role is not to investigate

3. the original complaint but to make sure the complaint has been handled
properly by the BSB. The LSO must be contacted within 3 months of
receiving the final decision from the BSB unless there are “special
reasons” for failing to meet the deadline, e.g. illness of the Client.
If the LSO feels the complaint was handled correctly by the BSB or that
it wasn’t dealt with in an appropriate time frame, it can recommend that
the complaint be reinvestigated, the BSB pays compensation, or formally
criticise the BSB. However if the LSO feels the complaint was dealt with
properly that will be an end to the matter. The LSO decision is final and
therefore there is no appeal against it.
At the end of 2010 a new organisation will be responsible for dealing with
all new complaints (in place of the BSB) following the implementation of
the Legal Services Act 2007. This organisation will be called the Office
for Legal Complaints, and will deal with all complaints about all legal
professionals (solicitors, barristers and legal execs).
The Legal Services Act 2007 was passed as a result of the Clementi
Review where Sir David Clementi carried out a review of the regulation of
legal services in England and Wales. His main recommendations were:
1. there should be a new complaints body which is independent of the
professions (Hence the implementation of the OLC)
2. there should be a Legal Services Board (LSB) that regulates all the
legal professional bodies (therefore the Bar Council and the Bar
Standards Board will be regulated by the Legal Services Board)
3. Legal Disciplinary Practices (LDP’s) should be permitted where
there are barristers, solicitors and non-lawyers working together
in the same practice
4. non-lawyers would be allowed to own and manage LDP’s, but there
would be safeguards to make sure that they were ‘fit to own’ such a
practice.
A barrister can also be disciplined through the Senate of the Inns of
Court for matters involving professional misconduct. They can disbar
them in extreme cases.