Legal Ombudsman names barrister in first public interest case

The Legal Ombudsman has published a decision against a practising barrister for the first time due to what it has referred to as the public interest.

The Office for Legal Complaints (OLC) has named Birmingham based Tariq Rehman of Kings Court Chambers in a detailed report, having previously made 14 decisions against him in the past year. The complaints already investigated have been in the area of immigration law, with poor service found in the majority of cases with issues raised such as delays, poor costs information, poor advice and poor complaint handling. The total awards in these cases amount to £8,087.

With the Ombudsman now investigating a number of new complaints against Rehman, the OLC Board decided there was a now a public risk from his continued operation and therefore decided to make its concerns public, claiming the number of complaints to date is evidence of a systemic failure in his work.

The Legal Services Act 2007 empowers the OLC Board to publish details of lawyers or law firms involved in complaints. The OLC exercises this power where Ombudsman decisions about complaints reveal a pattern of behaviour or set of individual circumstances that indicate it is in the public interest that a firm or individual should be named on a case by case basis.

Chair of the OLC Board, Steve Green, observed: "We take the publication of public interest cases very seriously as we appreciate the impact they can have on a service provider's reputation. But we also have to consider any consumer detriment that could result from not acting. We have alerted Mr Rehman's regulator, the Bar Standards Board.

"His standards of service, often during crucial immigration cases, are consistently poor; requiring Ombudsman intervention time after time," said Green. "He is a risk to any potential new clients and we want to exercise our powers now to make sure people are aware of the risks before instructing him to work for them in future."

The complaint, which has given rise to this action by the Ombudsman, involved a proposed application for naturalisation by a Mrs Z who was quoted a fixed fee of £700 for Rehman to provide advice and draft an application form. She provided her credit card details and a payment was made over the phone, but having heard nothing from the barrister, the complainant's daughter contacted Kings Court Chambers to confirm she did not wish Rehman to act for her and requested a refund. Mrs Z was advised that if she cancelled she would receive only £350 back as she had already had a consultation.

The Ombudsman determined that the costs information was inadequate as it was clear the complainant had been quoted £700 but had deducted £752.50 from her credit card. There was no evidence to show the complainant had been informed of any additional charges and they were not mentioned in the six page client care letter which was not sent until after payment had been made.

The Ombudsman stated: "I am not satisfied that this is reasonable. Lawyers are required to provide information about their costs and terms at the outset so that the client is aware of what their potential future costs may be and the terms on which the service will be provided. If, as in this case, the payment is made first and the information provided later then the client cannot know in advance what the true position may be and cannot in reality give informed consent to those terms and conditions. I consider that this is unreasonable and poor service."

The final decision of the Ombudsman was there had been poor service and directed Rehman to refund £350, being half of the fixed fee of £700, as well as the additional payment of £52.50 and £300 compensation. The total refund equalled £702.50.

The Ombudsman is encouraging consumer organisations to make its information about Rehman more widely available to alert potential clients who are considering using his services. Consumers should be particularly wary of paying any money up front, and should also ensure they get a copy of the terms of business and that they understand them before signing up to anything.

Commenting on the news, director of professional conduct for the Bar Standards Board (BSB), Sara Jagger, said: "The BSB has concerns about Mr Rehman's professional conduct and in the interests of protecting the public has referred Mr Rehman to an independent interim suspension panel, convened by the Bar Tribunals and Adjudication Service. This panel is due to meet shortly, so it would be inappropriate to comment further at this stage."

Meanwhile, director of supervision for the BSB, Oliver Hanmer, commented: "We have been aware of the activities of KC Chambers for some time and have been interacting with them in accordance with our supervision strategy. We are doing everything we possibly can to ensure that their clients' interests are protected."

Requests for comment from  Tariq Rehman went unanswered.

John van der Luit-Drummond is legal reporter for Solicitors Journal