25 February 2018

Holding out

Barrister "B" was an unregistered barrister and therefore not entitled to offer legal services using the title "barrister". "B" was engaged by a complainant "C" to assist her in a legal matter. B did not charge specifically for the legal services he provided for her, however in return for helping C, B would receive a sum of money equal to a percentage of the money B saved C in her litigation. B wrote to the Court in relation to the litigation and the letterhead of his letter stated "Barrister-at-Law". He therefore held himself out in connection with the provisions of legal services which he has not entitled to do.

Following investigation of a complaint from C about B, who complained that she had been misled into thinking that B was providing legal services as a barrister, the Professional Conduct Committee referred the matter to a 3 person disciplinary tribunal. Two charges were put to B for his holding out and failing to comply with the relevant requirements. B admitted both charges and was fined £500 and given advice as to his future conduct.