Mr Damian Paul McCarthy

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Barrister Status:
Nov 1994
Gray's Inn
Hearing type:
Disciplinary Tribunal (5 Person)
Tribunal panel members:
Miss Jacqueline Louise Thomas KC ,  Ms Lara Fielden ,  Mr Richard Peter Mark Hutchings ,  Mr Roland Doven ,  Her Honour Judge Veronica Lesley Hammerton
Decision date
Breach details:
Professional misconduct contrary to paragraph 301(a)(i), 401(a)(iii)and pursuant to paragraph 901.7 of the Code of Conduct of the Bar of England and Wales (8th Edition).
Offence details:

Damian McCarthy, a self employed barrister in professional practice, engaged in conduct in pursuit of his profession which was dishonest or otherwise discreditable to a barrister contrary to paragraph 301(a)(i) of the Code of Conduct, in that on or about 22 June 2009 in response to a request by the Bar Standards Board ("BSB") for documentation relevant to its investigation into a complaint against Mr McCarthy by his lay client ? he sent the BSB four client care letters which he falsely asserted were sent to his lay client in compliance with the requirements of paragraph 6 of the Public Access Rules when he knew the same were recent creations which had not been sent to his lay client in advance of the work being carried out as was required by the Rules.

Damian McCarthy, a self-employed barrister in professional practice, between 1 July and 1 August 2008 accepted public access instructions and supplied legal services for reward on behalf of a lay client - without promptly sending her a written communication in compliance with paragraph 6 of the Public Access Rules contrary to paragraph 401(a)(iii) of the Code of Conduct.

Disbarred - Effective from 19 June 2017.