Bar warns lawyers over private disputes

Barristers who use their professional status to threaten members of the public during private disputes have been warned they could face disciplinary action.

The new guidance follows concern at recent complaints about the behaviour of a small number of overbearing members of the Bar.

The Bar Council, which regulates 11,000 advocates in England and Wales, said its code of conduct meant that barristers should not use their chambers' headed notepaper when corresponding for personal matters.

The guidance says this is particularly so if the barrister is "attempting to gain an advantage or put pressure on other people by virtue of their status". These kind of letters, says the Bar Council, could be interpreted as an implied threat.

Michael Scott, the Bar's independent complaints commissioner, said while there were few of these complaints each year, the issue was a cause of concern. Letters from barristers who make threatening use of their title may not generate a complaint of misconduct because the recipient is unaware that such correspondence breaches the Bar's rules.

Mr Scott said in such cases it was important to know the context in which the barrister was using his status, whether he was "just being pompous" or was genuinely trying to gain some advantage.