Complaints against Solicitors and Barristers
Principle
The conduct or conviction of a solicitor or barrister may justify a complaint to their professional body.
It is in the interests of both the professions and the wider public interest that we give every co-operation to a Law Society or Bar Council investigation.
Guidance
Criminal Convictions
The reporting of criminal convictions is covered in Home Office Circular 45/1986.
Professional Misconduct
When confronted with a situation where there are concerns that an advocate may be guilty of professional misconduct, care should be taken not to react precipitously. Bear in mind that:
- It is very easy when under pressure at court to do something which on reflection one should not have done;
- Apparent impropriety may later seem trivial, particularly to others;
- A surfeit of minor complaints can only create an atmosphere which would not assist the proper and efficient administration of justice.
If a lawyer's conduct is such as to justify a complaint it is usually best left to the court which should be better able to form a detached judgement than an interested party. A request from a court for us to make a complaint should be resisted.
Professional Guidance
Any prosecutor with concerns should consult with line management immediately, and no action should be taken without reference to the CCP/(ACCP,London). A Crown Prosecutor may seek personal advice on professional conduct from his professional body. Appropriate cases should be referred to Headquarters.
Solicitors can obtain guidance from the Professional Ethics Helpline (telephone 0870 606 2577) or the Law Society (telephone 020 7242 1222). Complaints relating to solicitors are made to the Office for Supervision of Solicitors (telephone 0870 606 6565).
The Bar Council (telephone 020 7242 0082) deals with professional advice to and complaints against barristers.
Procedure
Criminal Allegations
If a criminal offence is alleged against a solicitor or barrister, a solicitors' clerk or a legal trainee, the police should be asked to investigate. Any such request and subsequent prosecution requires the authority of the CCP, ACCP (London) or designated officer. Because of the evidential difficulties and the likelihood that the lawyer will be well known locally the area may need to refer the case to Casework Directorate.
Other Allegations
Any complaint falling short of a criminal offence against a barrister, a solicitor, a solicitor's clerk or a legal trainee should be dealt with locally by the CCP, ACCP (London) or designated officer. If it cannot be resolved locally and informally, it must, if there are grounds for taking the matter further, be referred to Casework. A minute should be submitted by the CCP etc to the Director, Casework outlining the matter complained of and making recommendations.
Agents
A complaint against a barrister or solicitor acting on behalf of The CPS is an internal matter that can be handled by the CCP, ACCP (London) or designated officer.
If the complaint involves an advocate on the list of advocates available to prosecute for The CPS but the complaint does not arise out of his work for The CPS, it may affect the degree of confidence that The CPS can have in him as an agent for the future. The CCP, ACCP (London) or designated officer should consider whether it is appropriate to retain him/her on the list and the category of such listing.
Breaches of Written Undertaking in Child Video Evidence Cases
Breach of a written undertaking is a serious matter referable to the Office for Supervision of Solicitors or the Bar Council.
Failure to return a child evidence video or to safeguard such material in breach of a written undertaking always merits consideration being given to making an official complaint. <See Child Abuse and Child Witnesses> elsewhere in this guidance. Factors to be taken into account include:
- the impact (if any) on the witness;
- the nature of the material concerned;
- the degree of negligence in handling procedures;
- what remedial steps have been taken to improve procedures.
A minute should be submitted to the CCP, ACCP (London) or designated officer setting out the sensitivity of the material and the breach annexing relevant correspondence and recommending whether or not a complaint should be made. If the CCP etc considers that an official complaint should be made a report should be submitted to Casework Directorate detailing the information relating to the breach, together with supporting documents.
Disclosure of Information
Requests for information from the Bar Council, the Law Society and the Office for Supervision of Solicitors usually relate to the disclosure of details of the case in which the lawyer appeared as an advocate or witness. There is no objection to a case summary and copy of the charges or indictments being disclosed.
If additional information is requested, you should consider the request taking into account all relevant considerations, including data protection, confidentiality, protected material, etc.
There may be a request to interview CPS staff. The CCP, ACCP (London) or designated officer or the relevant Head of Division must be notified immediately if such a request is received. The Service does not prevent employees from being interviewed or giving evidence. A member of staff receiving such a request is entitled to refuse, subject to due process of law such as a witness summons. A member of staff being interviewed must give only a factual account: comments such as the reasons for a decision to prosecute or discontinue and judgements on the handling of a case must not be given. <see Requests for witness statement from CPS Staff, elsewhere in this guidance>
Member of CPS Staff subject of a complaint
Any member of staff becoming aware of an investigation by his/her professional body should inform the CCP, ACCP (London) or designated officer.
Useful Links
<Child Abuse and Child Witnesses>
<Requests for witness statement from CPS Staff>
Further Information
Home Office Circular 45/1986
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