Two complaints against barristers upheld in 2016, annual report reveals

The Barristers’ Professional Conduct Tribunal received 33 complaints, its annual report reveals, with a further 14 carried on from the previous year.

The majority of the complaints were rejected by a tribunal of nine.

The standard of proof in complaints made to the tribunal is that of beyond all reasonable doubt.

One case saw the Bar Council asked to refer a complaint to the disciplinary committee of benchers at the Honorable Society of King’s Inns, which has the power to disbar.

The barristers against whom two complaints were upheld remain unidentified in the report, which states that the tribunals proceedings as well as its documents were confidential.

But some details were given in one case in which a barrister acted for a client only to act against him six months later. The tribunal found there was no conflict of interest or other breach.

However, on appeal that decision was reversed and sent back to the tribunal to be dispatched under the Bar of Ireland’s disciplinary code.

Nine complaints related to counsel not following instructions while a further nine pertained to a failure to satisfy professional development regulations.

Eight complaints were made as a result of clients alleging undue pressure to settle their cases.

Tribunal chairman Patrick McCann SC said that as there was no summary procedure for filtering vexatious and frivolous complaints, the tribunal had to consider every one it received.