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Should you have a complaint that you wish to raise, we wish to know about it. You can find our Client Complaint Procedure below.

BARRAJ LEGAL

CLIENT COMPLAINTS PROCEDURE

  1. Barraj Legal is the trading name under which I, Rhys Johns, practise as a self-employed
    barrister. I aim to provide an excellent quality of service at all times, and I welcome
    feedback of any kind: it helps me to maintain and improve the service I provide. If at
    any point you are unhappy with the service you have received, I want to know about it
    so that I can try to put matters right.
  2. Because I practise on my own account, complaints are dealt with by me personally. I
    recognise that this means I will be considering a complaint about my own work. I take
    that responsibility seriously and will deal with any complaint fairly, openly and without
    defensiveness. If a complaint cannot be resolved between us and you remain
    dissatisfied, you have the right to refer the matter to the Legal Ombudsman, the
    independent complaints body for service complaints about lawyers (see Part D below).
  3. This procedure is free of charge. You do not need to instruct a solicitor or any other
    professional to use it, although you are entitled to do so if you wish.
  4. If you consider yourself vulnerable, or if you have a disability or any other need for
    which a reasonable adjustment would assist you in making or pursuing a complaint,
    please tell me. I will do my best to agree with you any reasonable adjustments to the
    way this procedure operates so that it is accessible and convenient for you. Complaints
    may be made by any reasonable means, including by email, by letter or by telephone.

PART A: WHAT THIS PROCEDURE COVERS

  1. This procedure is principally concerned with complaints about the service you have
    received – for example, complaints about delay, a failure to keep you informed, the
    standard of the work, or the way in which you have been treated. These are the matters
    that the Legal Ombudsman is able to consider.
  2. A complaint may also raise questions of professional misconduct or professional
    negligence. I will always deal with the service elements of any complaint under this
    procedure, even where the complaint also alleges misconduct or negligence. However:
    (a) Allegations of professional misconduct (that is, conduct that may breach the Bar
    Standards Board (“BSB”) Handbook) are matters for the BSB rather than for me
    to adjudicate. If your complaint alleges serious misconduct, you are entitled to
    report it to the BSB (see Part F below).
    (b) Allegations of professional negligence — that is, that I have caused you financial
    loss or damage — may give you a right to bring a legal claim. This procedure is
    not designed to determine such claims, and you should consider taking
    independent legal advice on any remedy that may be available to you. Where a
    complaint raises a possible allegation of negligence I may need to notify my professional indemnity insurers (the Bar Mutual Indemnity Fund) and consult them before proposing any resolution.
  3. If any part of your complaint falls outside what I am able to deal with under this procedure, I will tell you so in writing, explain why and tell you how you may persue that part of your complaint elsewhere (including, where relevant, by complaining to the Legal Ombudsman or the BSB).

PART B: HOW TO MAKE A COMPLAINT

8. I would encourage you to raise any concern as soon as possible. The longer the period that elapses after the events complained of, the more difficult it can be to investigate a
complaint fully and fairly. As a general guide, complaints made more than six months
after the event are harder to investigate, although I will consider every complaint on its
merits and will take account of any special circumstances.

  1. In many cases concerns can be resolved quickly and informally. If you would like to
    raise something informally in the first instance, please contact me directly. I will try to
    address the matter promptly and to your satisfaction. You are not obliged to attempt
    informal resolution before making a formal complaint, and nothing in this paragraph
    affects your right to make a formal complaint or to refer a matter to the Legal
    Ombudsman.
  2. If the matter is not resolved informally, or if you would prefer to make a formal
    complaint from the outset, please set out your complaint in writing and send it to me at:
    Rhys Johns
    Barraj Legal
    Email: info@barraj.co.uk
  3. To help me investigate your complaint promptly and fully, please include the
    following:
  • your name and contact details;
  • a clear description of what you are complaining about — what happened, and
    when and where it happened;
  • copies of any documents you wish me to consider; and
  • an explanation of what you would like me to do to put matters right.

PART C: HOW YOUR COMPLAINT WILL BE HANDLED, AND WHEN

  1. I will acknowledge your written complaint, where possible, within five working days
    of receiving it. In that acknowledgement I will confirm who will be dealing with your
    complaint and how it will be handled.
  2. I will then investigate your complaint. This will normally involve reviewing the relevant file and correspondence, and considering carefully the points you have raised. I will give you the opportunity to provide any further information or clarification that may assist.
  3. I aim to conclude my consideration of your complaint within eight weeks of receiving it.
  4. My full written response will set out:
  • the nature and scope of my investigation;
  • my conclusion on each element of your complaint, and the reasons for it; and
  • where a complaint (or part of it) is upheld, my proposals for resolving it, which
    may include an apology, corrective action, or a financial remedy where
    appropriate.
  1. If you are dissatisfied with my response, please tell me, explaining why. I will consider
    what further action, if any, is appropriate and respond to you. I will also remind you of
    your right to refer the matter to the Legal Ombudsman, as set out in Part D below.

PART D: THE LEGAL OMBUDSMAN

  1. If you are unhappy with the outcome of my consideration of your complaint, or if your
    complaint has not been resolved within eight weeks of being made, you may be entitled
    to refer it to the Legal Ombudsman. The Legal Ombudsman provides a free, impartial
    and independent service for resolving complaints about the service provided by legal
    professionals.
  2. Not everyone is eligible to use the Legal Ombudsman. The scheme is generally open to
    individuals and to smaller organisations, including micro-enterprises, smaller charities,
    clubs and associations, trustees of smaller trusts, and personal representatives or
    beneficiaries of an estate. The full eligibility criteria, and the most up-to-date guidance,
    are available on the Legal Ombudsman’s website at www.legalombudsman.org.uk. If
    you are unsure whether you are eligible, you can contact th/pe Legal Ombudsman
    directly to ask.
  3. There are time limits for taking a complaint to the Legal Ombudsman. Since 1 April 2023, you must refer your complaint to the Legal Ombudsman no later than:
    • (i) one year from the date of the act or omission you are complaining about; or
    • (ii) one year from the date on which you should reasonably have known that there was cause for complaint;

and, in addition, within six months of receiving my final written response to your
complaint (provided that response notified you of your right to complain to the Legal
Ombudsman, gave their contact details, and explained the six-month time limit). The

Legal Ombudsman has a discretion to accept a complaint outside these time limits
where it considers it fair and reasonable to do so.

  1. The Legal Ombudsman will normally only consider a complaint once my own complaints process has been completed. You can contact the Legal Obudsman at:

Legal Ombudsman
PO Box 6806
Wolverhampton WV1 9WJ
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

  1. The Legal Ombudsman also publishes data about the decisions it has made. Its decision data, which records the legal services providers that received an ombudsman’s decision in the preceding 12 months and the remedies (if any) required, is available on its website.

PART E: ALTERNATIVE DISPUTE RESOLUTION AND THE BAR STANDARDS
BOARD

  1. Alternative dispute resolution (“ADR”) bodies exist which are competent to deal with complaints about legal services should both you and I wish to use such a scheme. I am required to tell you about this option. The approved ADR body which is competent to deal with complaints of this kind is:
    • ProMediate (UK) Limited
    • Website: www.promediate.co.uk
  2. Neither you nor I are obliged to use ADR, and using it does not affect your right to complain to the Legal Ombudsman if you are eligible. Please note that the time limit for contacting an approved ADR body may differ from the Legal Ombudsman’s time limits, so you should check the position with the relevant body promptly if you wish to use this route.

The Bar Standards Board

  1. The BSB regulates barristers in England and Wales. It does not deal with complaints
    about service or award redress to you, but it does consider reports that a barrister may
    have breached its Handbook or otherwise behaved in a way that undermines public trust
    in the profession. If you believe that my conduct amounts to serious professional
    misconduct, you may report the matter to the BSB. Information about how to do so is
    available on its website at www.barstandardsboard.org.uk.

PART F: CONFIDENTIALITY AND RECORD-KEEPING

  1. All conversations and documents relating to your complaint will be treated as confidential. They will be disclosed only to the extent necessary to investigate and respond to the compliant. The BSB is entitled to inspect documents relating to complaints, and to seek information about them, when discharging its regulatory, auditing and monitoring functions
  2. Please note that, where you complain about the way in which I have carried out my professional duties on your behalf, any privilege or confidentiality that would otherwise attach to the advice I gave or the instructions I received (whether written or oral) may be waived to the extent necessary to investigate and respond to your complaint. That material may form part of the consideration of, and response to, your complaint.
  3. As part of my commitment to client care, I keep a written record of every formal complaint, together with the documents and correspondence generated by it, for a period of at least six years. I review these records periodically with a view to improving the service I provide. I am also required to record information about complaints and, in accordance with BSB requirements, may be required to report anonymised complaints data to the BSB.