Disciplinary Record - James Patrick Dean

Mr. James Dean, a practising barrister, acted in a manner which is likely to diminish the trust and confidence which the public places in him or in the profession and/or did not act in the best interests of his client, Mrs X, in that he:

a) Delegated Mrs X’s case involving an application to remain in the United Kingdom (‘the case’) to a caseworker, Ms. B, who was not registered with the Office of the Immigration Services Commissioner (‘OISC’);

and/or

b) Did not properly supervise Ms B or supervise her at all;

and/or

c) Allowed or otherwise permitted Ms B to represent his client, Mrs X, alone and without any supervision at Mrs X’s appeal hearing in June 2019, despite Ms B not being registered with the OISC.

Mr. James Dean, a practising barrister, failed to take reasonable steps to manage his practice, or carry out his role within his practice, competently and in such a way as to achieve compliance with his legal and regulatory obligations in that he:

a) Delegated Mrs X’s case involving an application to remain in the United Kingdom (‘the case’) to a caseworker, Ms. B, who was not registered with the Office of the Immigration Services Commissioner;

and/or

b) Did not properly supervise Ms B or supervise her at all;

and/or

c) Allowed or otherwise permitted Ms B to represent his client, Mrs X, alone and without any supervision at Mrs X’s appeal hearing in June 2019 despite Mrs B not being registered with OISC.

Mr. James Dean, a practising barrister, did not properly inform his client Mrs X on matters regarding her application to remain in the United Kingdom as required by rC19, in that he must not mislead, or cause or permit to be misled, any person to whom he supplies, or offers to supply, legal services about:

a) the nature and scope of the legal services which he is offering or agreeing to supply;

b) the terms on which the legal services will be supplied, who will carry out the work and the basis of charging;

c) who is legally responsible for the provision of the services;

d) whether he is entitled to supply those services and the extent to which he is regulated when providing those services and by whom; or

e) the extent to which he is covered by insurance against claims for professional negligence.

In engaging in such conduct above Mr. James Dean acted in a manner which is likely to diminish the trust and confidence which the public places in him or in the profession.

Mr. James Dean, a practising barrister, acted in a manner which is likely to diminish the trust and confidence which the public places in him or in the profession in that he:

a) neither confirmed nor sent in writing to Mrs X, his client, the acceptance of her instructions;

and

b) failed to confirm in writing to Mrs X, his client, the terms and/or basis upon which he would be acting, including the basis of charging.

Mr. James Dean, a practising barrister, acted in a manner which is likely to diminish the trust and confidence which the public places in him or in the profession in that he did not notify his client, Mrs X in writing, when he was instructed and/or at the next appropriate opportunity, of her right to make a complaint, including: (i) her right to complain to the Legal Ombudsman; (ii) how, and to whom Mrs X could complain; and (iii) of any time limits for making a complaint, or if doing referral work, that Mrs X could complain directly to chambers.

Mr. James Dean, a practising barrister, in relation to his client, Mrs X did not properly inform her on matters regarding her application to remain in the United Kingdom as required by rC125, in that he did not forthwith notify Mrs X in writing, and in clear and readily understandable terms, of the terms set out within rC125, including but not limited to the work which he agreed to perform; the fees which he proposed to charge for that work, or the basis on which his fee would be calculated; and/or the information about his complaints procedure. In engaging in such conduct above acted in a manner which is likely to diminish the trust and confidence which the public places in him or in the profession.