'Rude' barristers advised on politeness

"Instil confidence in your client" barristers are being told

Barristers are being told to polish up on politeness and professionalism following a steep rise in client complaints.

More than 550 grievances were filed against the profession in 1997, a 27% rise on the previous year.

The figures have prompted Michael Scott, the Bar Council's Commissioner for Complaints, to draw up a suggestion list on how lawyers can do better.

The advice includes: "You are, by definition, clever - you don't have to prove it," and "Instil confidence in the client, even if you do not feel it yourself," and "Saying sorry is not a legal admission of guilt".

Mr Scott's suggestions are contained in his first annual report since taking over from the Bar Council's in-house discipline system.

Incompetence or corner cutting

"The last thing I want to do, particularly as a layman, is to patronise barristers but these are things people complain about and there may be points in the list that register," he said.

Mr Scott believes only a very small percentage of barristers commit crime, but: "A slightly larger percentage make mistakes through incompetence or cutting corners.

"Overwork or laziness leads to mishaps. Arrogance and self-importance result in rudery and bombast."

Serious complaints

Of the 550 complaints made in 1997, 326 have been dealt with.

Of those, 140 were serious enough to be referred to the Bar Council's Professional Conduct and Complaints Committee, and about half of these showed "prima facie misconduct or inadequate professional service".

Only one ruling has so far been questioned by the Legal Services Ombudsman.

Speeded up process

"It is still too early to say, confidently, how well the system is working but the indications are good," said Mr Scott.

"My early intervention has speeded up the process and our record with the Legal Services Ombudsman speaks for itself."

The office of commissioner was set up by the Bar Council to give the complaints system more independence.

Investigation

After investigation the commissioner decides whether to refer the complaint on to the Bar Council, and if he does so, he takes responsibility for putting the complainant's case.

He also sits on an Adjudication Panel which deals with inadequate professional service falling below actual misconduct.

Cases of misconduct are dealt with by a system of Bar Council committees which can disbar barristers or fine them up to £5,000.