Barrister suspended amid lies over binned files 

A direct access barrister who misled a client regarding files that were mistakenly destroyed has been suspended for six months by a Bar disciplinary tribunal.

The tribunal acknowledged that although the barrister may have acted out of panic when they initially lied to the client about the whereabouts of the files, there was concern over their decision to withhold the truth for three months before informing the client that the files did not exist anymore.  

Despite the barrister repeatedly stating that the client’s case had little chance of success, the disposal of the documents prevented the client from seeking a second opinion on the matter. 

The barrister was instructed in May 2022 to advise a client regarding potential repayment of significant business rates. Following an initial conference for which they charged £500, they were asked to review additional documentation for a fee of £2,000 plus VAT. 

During a follow-up conference in August, the barrister advised their client that pursuing the case had limited prospects. When the client requested the return of the documents, they falsely claimed they were likely at their home when, in fact, knew they had been kept exclusively at chambers. 

The tribunal’s decision is open to appeal.