Barrister Nicola Cain was ordered to be disbarred by an independent disciplinary tribunal which concluded on 3 February following charges of professional misconduct brought by the Bar Standards Board (BSB). The tribunal also ordered that the BSB is not to issue a practising certificate to the barrister pending the hearing of any appeal and that she should pay the BSB £5,900 in respect of their costs.
The tribunal found that Ms Cain had created a fabricated Order which falsely purported to be an Order made by a Senior Master in proceedings in the High Court of Justice, in which her client was the Defendant. The Panel found four charges proved which arose from Ms Cain’s representation of her client as an employed barrister. The charges related to her dishonestly misleading her client by sending them a fabricated High Court Order, leaving out or changing information about what her client had been ordered to do by the Court; failing to notify, or seek instructions from her client regarding applications made by the claimants; providing a false copy of an Application to the client; and serving a witness statement stating that she was authorised to make it on behalf of her client when she was not.
Commenting on the tribunal’s decision, Sara Jagger, the BSB’s Director of Legal and Enforcement, said: “The charges which the tribunal has found proved involved dishonestly and deliberately misleading a client. The tribunal’s decision to disbar Ms Cain reflects the seriousness of her conduct and that such acts are not compatible with membership of the Bar.”
The tribunal’s decision is open to appeal.
Notes to editors
About Nicola Cain
Nicola Cain was called to the Bar of England and Wales by Middle Temple in July 2005.
About disciplinary tribunals
The appointment, operation, and decisions (including sentencing) of disciplinary tribunal panels are performed by the Bar Tribunals and Adjudication Service (BTAS). BTAS is run independently of the Bar Standards Board, the barristers' regulator. The BSB is responsible for bringing charges of professional misconduct against barristers, which BTAS tribunal panels then adjudicate. The sanctions imposed are a matter for the tribunal having regard to the facts of the individual case and the BTAS Sanctions Guidance.
About the Bar Standards Board
Our mission is to regulate barristers and specialised legal services businesses in England and Wales in the public interest. For more information about what we do visit: http://bit.ly/1gwui8
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