PHOENIX CHAMBERS COMPLAINTS PROCEDURE

 General

 Our aim is to give you a good service at all times.  However if you have a complaint you are invited to let us know as soon as possible.  It is not necessary to involve solicitors in order to make your complaint but you are free to do so should you wish.

Please note that Chambers will only consider complaints that are raised within six months of the act or omission complained of.

Since all members of Chambers are affected by the reputation of any one member, it is appropriate that there should be a formal procedure for dealing with complaints against a member.

Complaints should be made to the senior clerk, who is responsible for ensuring that anyone wishing to complain is sent a copy of Chambers' Complaints Procedure. Upon request, the senior clerk will also provide details of the LSC complaints procedure.

The Head of Chambers has overall responsibility for Chambers' Complaints Procedure.

Complaints File

1.  The senior clerk shall maintain a record of every complaint made against a Member of Chambers showing:

2.  the name of the barrister against whom the complaint was made;

3.  the identity of the complainant and, in the case of a solicitor complainant, the firm’s name and address;

4.  a brief outline of the steps taken to resolve the complaint and its outcome.

5.  Copies of all relevant documentation shall be kept in the Complaints File.

6.  The Head of Chambers or Deputy Head of Chambers shall analyse the Complaints File annually and report the result to the Annual General Meeting of Chambers.

Making the complaint

7.  Any complaint against a Member of Chambers, whether made to that Member personally, to another Member of Chambers or to a member of staff, shall be immediately reported to the senior clerk. If the complaint is made orally, a note shall be made of the gist of the conversation. The senior clerk shall then decide whether to supervise the resolution of the dispute himself or to delegate it to the chambers administrator

Resolving the complaint

8.  In the first instance, the senior clerk shall report the complaint to the barrister, unless he is already aware of it, disclosing to him or her all relevant documentation. The clerk shall also notify the complainant in writing that the complaint has been received and is under investigation.

9.  The barrister and the clerk shall seek to resolve the complaint to the satisfaction of the complainant, within 7 days (or such longer period as may be appropriate) of the notification to the complainant that the complaint has been received.

10.  If the complaint is so resolved, then either the barrister or the clerk shall write to the solicitor setting out the nature of the complaint and the steps taken to resolve it.

11.   If it is not possible to resolve the complaint to the satisfaction of the complainant, then the Head of Chambers shall be notified and asked to adjudicate on the matter. At his or her discretion, the Head of Chambers may invite the head of the relevant team to assist in the adjudication.

12.   The Head of Chambers may invite the complainant or the barrister or any other party to provide, either orally or in writing, such further information as the Head of Chambers may require in relation to the complaint, provided always that the barrister shall be given a reasonable opportunity to respond to any further information provided by the complainant or any third party.

The Head of Chambers may:

(a)   find that the complaint is not justified; or

(b)   find that the complaint is justified, in which case he or she shall determine:

(c)    what, if any, remedial action should be taken to resolve the complaint and to ensure that the act or omission, the subject of the complaint, does not recur; and

(d)   whether any, and if so, what compensation should be offered to the complainant.

13    As soon as practicable thereafter, the clerk shall notify the complainant in writing of the result. However, if you would rather not do so or are unhappy with the outcome you do have the choice of taking up your complaint with the Bar Standards Board. You can write to them at:  the Conduct Committee, The Bar Standards board, 193 High Holborn, London, WC1V 7HZ.

Professional Indemnity

14    Any complaint of negligence or involving a potential claim against a barrister must be brought to the attention of Bar Mutual Indemnity Fund Limited without delay.