Mr David Thomas Osborne

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Barrister Status:
Unregistered
Called:
Jul 1974
Inn:
Gray's Inn
Hearing type:
Disciplinary Tribunal (3 person)
Decision date
29/03/2022
Breach details:
Professional misconduct, contrary to rC64, rC73, rC19.4, rS6 and Core Duty 10 of the Code of Conduct (9th edition, Bar Standards Board’s Handbook – Version 2.2, 3.0 and 4.4).
Offence details:

Between 22 April 2017 and 27 April 2017, David Osborne, a barrister, received and/or handled client money that was not paid to him for his services, in that: (1) on 22 April 2017, David Osborne requested a payment of £1000, in a letter to his direct access client, SW, but did not indicate what the payment was for in clear terms for the client; (2) on 27 April 2017 David Osborne received £1000 from his direct access client, SW, with no indication of what the payment was for or an indication that it was a fixed fee payment in advance of services.

Between 3 March 2017 and 28 April 2017, David Osborne, a barrister, misled or permitted to be misled, his direct access client, SW, about the extent to which he was able to supply legal services and conduct litigation, in that: (1) on 3 March 2017, David Osborne sent SW his terms of agreement and failed to advise the lay client in clear and readily understandable terms that he was not authorised to conduct litigation; (2) on 27 April 2017, David Osborne filed an application on behalf of his direct access client, SW, in Wandsworth County Court and served it on the other parties

David Osborne, a barrister, on 26 April 2017, failed to take reasonable steps to manage his practice in such a way as to achieve compliance with his regulatory and legal obligations, and carried out a reserved legal activity that he was not authorised to carry out, namely the conduct of litigation, in that: (1) on 27 April 2017, David Osborne filed an application with Wandsworth County Court for an adjournment; (2) David Osborne served copies of the application in particular (1) above on other parties on behalf of his direct access client, SW

Between 26 April 2017 and 27 April 2017, David Osborne, a barrister, handled and/or controlled client money in that: (1) on 26 April 2017, David Osborne paid a £100 fee to Wandsworth County Court on behalf of his direct access client, SW; (2) on 27 April 2017, David Osborne deducted the fee of £100 paid on behalf of SW to Wandsworth County Court on 26 April 2017 from monies SW paid to him on 27 April 2017.

Between 6 March 2020 and 9 July 2020, David Osborne, a barrister, failed to promptly provide information to the Bar Standards Board that it required of him, in that: (1) David Osborne failed to provide comments and information relating to an investigation by the Bar Standards Board, initially by 30 March 2020 but extended to 9 July 2020, that was requested on: (1.1) 6 March 2020 (1.2) 11 March 2020 (1.3) 23 March 2020 (1.4) 24 March 2020 (1.5) 2 July 2020. (2) David Osborne declined to provide a copy of the client care letter to his direct access client, SW, that was requested on 5 June 2020 and was due by 12 June 2020. (3) on 6 July 2020, David Osborne emailed the Bar Standards Board asking to ‘hear no more of this’ in relation to the investigation.

Sanction:
Fined in the sum of £4250
Costs:
£3,300.00
Status:
Open to Appeal