The complaint

Mr D instructed the firm to bring legal proceedings against another individual who had not complied with the settlement terms of previous legal action. The firm instructed a barrister to represent Mr D in one hearing. Mr D wanted to obtain a bankruptcy order against the other side, but he did not get the outcome he wished as the hearing was adjourned. 

Mr D complained that: 

1. The barrister’s representation was unreasonable as he failed to enforce the settlement; and 
2. The barrister charged £3,000 although the hearing only lasted a few minutes. 

The outcome

We determined that the barrister’s service was reasonable.  

The evidence showed that it was the other side that requested an adjournment and the judge agreed. The barrister was not responsible for this decision so could not be held accountable for it.  

The evidence showed that the barrister had also been clear about the costs of representing Mr D from the start of the retainer. Mr D agreed to the barrister’s costs before any work was undertaken and the barrister charged him in line with this.  

We explained that it is common for a barrister to charge a fixed fee. This is because they would have had to prepare for the hearing and dedicate their day to the proceedings regardless of the outcome.   

We found the barrister’s service to be reasonable in relation to these complaints, so we did not need to consider the impact of any unreasonable service to decide on an appropriate remedy.