A barrister practising in Northern Ireland who claimed £568,000 (€652,000) from the publicly funded Legal Services Agency for work on criminal cases over a nine year period has been suspended from practice for two months and fined £50,000.
The sanctions were imposed on Gavyn Cairns BL after he was found guilty of professional misconduct on foot of findings of not maintaining proper accounts and records between 2003 and 2012 and of bringing the profession of barrister into disrepute.
The findings by a disciplinary committee of the Benchers of the Inn of Court of Northern Ireland arose from an investigation by the Professional Conduct Committee (PCC) of the Bar of Northern Ireland into 267 claims by Mr Cairns seeking a total £568,000 from the Legal Services Agency (LSA) concerning a nine year period.
The LSA accepted that part of that sum, stripped of “contentious extras”, was legitimate and Mr Cairns subsequently agreed that figure as £133,937.86, plus Vat.
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The PCC investigation noted there were 51 separate dates when Mr Cairns claimed consultation in excess of 15 hours per day. On some days, more than 24 hours work was alleged to have been carried out. Consultation times alone exceeded 24 hours on some days.
Travel claims were also “a cause for concern”. Identical written paperwork was also submitted, setting out generic legal tests for multiple clients.
The PCC investigation followed a complaint by the LSA concerning 267 claims for payment submitted for criminal cases conducted mainly at the Magistrates Court between 2003 and 2012.
The claims had to be submitted to meet a deadline imposed by the LSA to process outstanding claims under 1992 rules which were changed. Mr Cairns sent in 267 forms between November 2011 and March 2012 claiming £568,000.
The LSA initiated a fraud investigation which highlighted grave concerns in relation concerning fees for written work, court attendances, consultation times and travel. The matter was referred to the police and Mr Carins was investigated for fraud but the ultimate outcome was no prosecution.
The PCC then began its investigation resulting in disciplinary proceedings against Mr Cairns.
He admitted failing to maintain proper accounts and records between October 28th, 2003 and May 26th, 2010 in relation to cases he had been instructed to act in within the Magistrates Court jurisdiction. He also admitted a second charge of failing to maintain proper accounts and records between May 27th, 2010 and March 26th, 2012.
He had contested a third charge of “bringing the profession of a barrister into disrepute, contrary to section 8.1 (vi) of the Code of Conduct by failing to conduct oneself with honour and integrity as befits the high standing of the profession”.
He was found guilty of all three charges by the disciplinary committee of the benchers of the Inn of Court of Northern Ireland which ordered him to repay to the LSA the £133,937 sum accepted as legitimate earnings which the LSA had paid him.
His appeal to the disciplinary appeal committee (DAC) ultimately related only to sanction.
Counsel for Mr Cairns had argued, for reasons including the case did not involve dishonesty and the order to repay the £133,937, a suspension should not be imposed.
It was argued, outside of the £133,937, that possibly a further six figure sum from the remaining £435,000 claimed was also legitimate. The appeals committee was asked to consider factors including Mr Cairns’ personal circumstances, the reputational and loss of work impact of a suspension, that he was remorseful and had co-operated with the investigation, that two senior barristers, Brian McCartney KC and John McCrudden KC, had vouched for him and he had a clear professional record save for this matter.
In its decision, the DAC described Mr Cairns’ conduct as “a serious breach of professional standards”.
“This type of ‘chance your arm’ approach is not acceptable on any reading,” it said.
Counsel should only claim for work that represents a reasonable remuneration in any case and must keep accurate records in a self-employed practice, it said.
Noting this was the first time a suspension was imposed in Northern Ireland for such misconduct, it hoped this would act as a deterrent to any similar conduct in the future.
In a statement, the Bar of Northern Ireland said it “considered any misconduct to be an extremely serious matter”:
“We aim to promote the highest standards of practice and to safeguard clients and the public interest through our regulatory function.”
