Mr David Harris

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Barrister Status:
Disbarred
Called:
Oct 1997
Inn:
Lincoln's Inn
Hearing type:
Disciplinary Tribunal (5 Person)
Decision date
26/01/2012
Breach details:
Paragraphs 301(a)(iii), 302, 603(d) and 901.7 of the Code of Conduct of the Bar of England and Wales (8th Edition)
Offence details:

Charge 1 - David Harris, being a barrister, on or before the 8th February 2010, engaged in conduct which was likely to diminish public confidence in the administration of justice or otherwise bring the legal profession into disrepute in that he, having in his private capacity promoted and participated in the activities of Newzbin Limited, accepted public access instructions to appear and appeared as counsel for Newzbin Limited in the matter of T and Others v Newzbin Limited where the issue was the legality of the activities of Newzbin Limited.

Charge 2 - David Harris, being a barrister, on or before the 8th February 2010, engaged in conduct which was likely to diminish public confidence in the administration of justice or otherwise bring the legal profession into disrepute in that he accepted public access instructions to appear and appeared as counsel for Newzbin Limited in the matter of T and Others v Newzbin Limited, Newzbin Limited being a company in which he held 100% of the issued share capital.

Charge 3 - David Harris, being a barrister, on or before the 8th February 2010, accepted public access instructions to appear and appeared as counsel for Newzbin Limited in the matter of T and Others v Newzbin Limited, in circumstances where, by reason of his connection with Newzbin Limited, it would be difficult for him to maintain professional independence or the administration of justice might be or appear to be prejudiced.

Charge 4 - David Harris, being a barrister, on or before the 8th February 2010, accepted public access instructions to appear and appeared as counsel for Newzbin Limited in the matter of T and Others v Newzbin Limited, in circumstances where, by reason of his connection with Newzbin Limited, he had reason to believe that he was likely to be a witness.

Charge 5 - David Harris, being a barrister, on the 8th February 2010, while appearing as counsel for Newzbin Limited in the matter of T and Others v Newzbin Limited in the Chancery Division of the High Court, deceived or knowingly or recklessly misled the Court in that he told the Court that he held 100% of the shares in the company on behalf of another person (when in fact he held them for his own benefit) and that he did not know if he had a significant pecuniary interest in the company (when in fact he knew he had a significant pecuniary interest in the company because he had bought 100% of the company?s issued share capital for a substantial purchase price in December 2009).

Charge 6 - David Harris, being a barrister, between the 25th January 2010 and the 2nd March 2010, engaged in conduct which was likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute in that he, having accepted public access instructions to appear as counsel in the matter of T and Others v Newzbin Limited in the Chancery Division of the High Court, via the internet site ?Twitter? and using the pseudonym ?Geeklawyer?, in connection with the trial in that matter, issued the messages listed in Appendix 1.

Appendix 1.

SCHEDULE OF ?TWEETS? RELATING TO CHARGE 6

1. I like to think of orders of the court as gentle hints of preferred behaviour. [@HowardMCheng, 25th January 2010 at 13:30; ex. [?], no 340]

2. Ooooh I kinda misread the claim. That?s bad. [26th January 2010 at 03:22; ex. [?], no 322]

3. IF this settles now I am going to have a frickin? tantrum. [@nipclaw, 26th January 2010 at 04:01; ex. [?], no 316]

4. BSkyB v EDS. Nice to see Herbert Smith win a case for once: http://tinyurl.com/ylavr8v I did them up the arse a while back ;) [26th January 2010 at 09:33; ex. [?], no 292]

5. genius. Have cut n pasted that into the conclusion [@johnhalton, 28th January 2010 at 04:10; ex. [?], no 213]

6. will statple a couple of ?50 notes to skeleton when I hand it up to the judge. [@johnhalton, 28th January 2010 at 04:10; ex. [?], no 212]

7. bribery. I ask the judge to indict my client for stapling ?50 notes to my skeleton when I want looking. Express horror and outrage. [@johnhalton, 28th January 2010 at 04:14; ex. [?], no 211]

8. then bill client for disbursement to the judge + my uplift [@johnhalton, 28th January 2010 at 04:15; ex. [?], no 210]

9. Bugger judges chancery division hassling me for my skeleton. Trial is on for monday. damn. [29th January 2010 at 03:09; ex. [?], no 159]

10. encouraged the other sides expert witness doesnt understand our system: I have have played a part in this. FTW!!! :) [29th January 2010 at 15:42; ex. [?], no 135]

11. oops. Looks like I admitted something I should have denied. Oh. Dear. Me. :( Gonna catch it in the neck for that) [30th January 2010 at 07:59; ex. [?], no 125]

12. wondering if I can resile from ?yea we are as guilty as sin, fuck me they are entirely right? [@lilianedwards, 30th January 2010 at 09:20; ex. [?], no 121]

13. wondering if I can hire a hooker for the judge or rent-boy. Oooh. How do I find out his preference? Could just ask I guess [@Markystewart, 30th January 2010 at 09:54; ex. [?], no 119]

14. I did my cross examination of expert yesterday. Bugger wouldnt cooperate but I had him. [@Charonqc, 2nd February 2010 at 00:52; ex. [?], no 106]

15. I will try for ?anilingus? as word of the day. Triple word score and a bonus if it?s mentioned in the law reports? [@HowardMCheng, 2nd February 2010 at 00:53; ex. [?], no 105]

16. left robes in hotel once, Judge permitted me to appear unwigged, he invited other barrister to appear likewise: prick refused [@nipclaw, 5th February 2010 at 16:20; ex. [?], no 80]

17. I was: now far too hungover to tweet. Plus, I need to write closing speech [@CathyGellis, 7th February 2010 at 00:12; ex. [?], no 63]

18. ooooh, Dont talk to me about breakfast am muchly hungover. That Lex made me drink lots of alcohol, the dirty rat [@_Poots_, 7th February 2010 at 00:35; ex. [?], no 61]

19. I have to write a closing speech in one day for a super huge important case. *that?s* hardship [@_Poots_, 7th February 2010 at 00:39; ex. [?], no 58]

Sanction:
Charges 1,2,3,4 & 5 – Disbarred Charge 6 – Fined £2500
Costs:
£¤1,186.00
Status:
Final