Introduction
Lincoln House Chambers has enjoyed a tremendous reputation since its formation in 1978 and is now recognised as one of the most successful Chambers in the North of England.
How has this been achieved? It has been through a progressive approach, sheer hard work, careful recruitment, providing excellent services and because we offer advocacy at the highest level and an incomparable strength in depth.
However we are not complacent and recognise that we work in a very competitive environment where quality of service and representation is essential. We are aware that we have to provide a level of service that is second to none and that is what we aim to do. Our pursuit of excellence means that all members of Chambers are committed to providing a high quality service.
We were the first Chambers on the Northern Circuit to be awarded “Barmark” – a quality mark that was maintained by the British Standards Institute. We had also attained the Legal Service Commission’s Quality Mark. The awards are unfortunately no longer managed by the BSI & LSC but we still maintain the standard levels required and self audit on a regular basis.
The essential details that you will need to know when dealing with Lincoln House Chambers are set out below many of the sections are covered in more detail on specific sections of this website. If you have any queries about any matter relating to Chambers then please do not hesitate to contact Chambers’ Director of Clerking, David Wright.
Best Practice Standards
It is Chambers’ policy to ensure that it collectively and individually accepts responsibility to ensure that the needs, concerns and interests of both lay and professional clients are prioritised. To ensure this, client care arrangements are reviewed, possible weaknesses identified and improvements made where necessary.
It is the policy of Chambers to ensure that the Barristers act in accordance with Paragraph 603 of the Code of Conduct (regarding confidentiality). We take particular care in ensuring that any conflicts of interest are dealt with in a professional manner where members of Chambers are instructed on behalf of different parties or as an arbitrator in a case involving members of Chambers.
On Receipt of Briefs or Instructions
We can receive briefs, instructions and correspondence by telephone, e-mail, other electronic forms (CJSM, file share etc) or post. When the brief is received the client will be informed of:
(a) the basis upon which fees will be charged* (where necessary) – fees are agreed between the client and the Director of Clerking or Senior Clerks; and
(b) the time-scale within which the barrister expects to complete the work (for example in Civil cases, the standard turnaround for “advices” and “opinions” is no more than 14 days unless otherwise agreed in advance).
Instructions are acknowledged, recorded onto our Lex system and the barristers are granted access all within 24 hours. When logging instructions onto the diary system, the Clerks conduct a “conflict of interest” check on the client database. Barristers are required to check papers within 7 working days of receipt to ensure that there are no immediately obvious conflicts of interest. In such cases Counsel must immediately advise the professional/lay client that he/she should instruct another barrister, in accordance with Paragraph 605 of the Code of Conduct.
* Please see our Fee Basis on the specific “Fee Basis & Transparency section of this web-site
During the Progress of the Case
The Barrister will remain vigilant to the potential for a conflict to arise through the progress of the case and will inform the clerks and client/s if such a conflict should arise.
The Clerks can view the progress of a case and can advise clients of any potential delays or clashes of commitment by viewing the LEX diary system. If such problems arise then the Clerks will liaise with the client and agree a range of options and contingencies. The diary will be updated accordingly.
Reports can be run from the LEX system to identify any papers that are due or overdue so that they can be returned to the client. The clerks will chase up any paperwork when necessary. An analysis of overdue papers is conducted by the Senior Civil & Regulatory Clerk on a regular basis. This is used to monitor compliance with the service standard of a 14 day turnaround.
It is the Barrister’s responsibility to ensure that the client is kept fully informed (either directly or via the clerks) of the progress on their case. Information may be provided by e-mail or verbally as appropriate and is left to the discretion of the clerks. However written communication is always sent at the following stages: to confirm complicated fee negotiations; and dealing with dissatisfaction and complaints; whilst dealing with all direct access contracts and communications.
Client Complaint Procedures
Please see the specific “Complaints & Legal Ombudsman” section of this website.
Formal complaints are acknowledged in writing within 48 hours.
Other significant feedback will be assessed by the Director of Clerking in liaison with other personnel (if necessary) to assess the best method of response. This may be to contact the client concerned and invite them to put their concerns formally in writing or to resolve the issue by other methods.
With less formal complaints the issue may be resolved by the Director of Clerking in liaison with the relevant personnel. Where possible, the action agreed will be communicated to the complainant within 72 hours.
With formal complaints or less easily resolved informal complaints the Lincoln House Chambers Complaints Procedure is followed (please see the “Complaints & Legal Ombudsman” section of this website).
The Director of Clerking maintains a central file of all formal complaints and other significant incidents of negative client feedback. All correspondence is discussed within the Management Committee meetings and corrective action is taken when appropriate.
All conversations and documents relating to the complaint will be treated as confidential and will be disclosed only to the extent that is necessary. Disclosure will be to the Head of Chambers, the Director of Clerking, members of our Management Committee and to anyone involved in the complaint and its investigation. Such people will include the barrister member or staff who have been complained about and the person who investigates the complaint if that is not the Director of Clerking. The Bar Standards Board and Legal Ombudsman is entitled to inspect the documents and seek information about the complaint when discharging their auditing and monitoring functions.
Complaints to the Legal Ombudsman;
If you are unhappy with the outcome of our investigation you may take up your complaint with the Legal Ombudsman, the independent complaints body for complaints about lawyers, at the conclusion of our consideration of your complaint. The Ombudsman is not able to consider your complaint until it has first been investigated by Chambers. Please note that the Legal Ombudsman has a twelve-month time limit from the date of the act or omission about which you are complaining within which to make your complaint. You can write to the Legal Ombudsman at:
Legal Ombudsman
PO Box 15870
Birmingham
B30 9EB
Telephone number: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Client Confidentiality
Numerous guidelines and measures have been instituted so that any breach of confidence is avoided at all costs.
All members of Lincoln House Chambers receive compulsory yearly training in data protection, are fully aware and comply with GDPR and are registered with the ICO. All members of staff must sign a confidentiality agreement as part of their contract of employment.
Informing Solicitors
It is often the case that Counsel in Chambers represent both sides in a case. It is our policy to inform both sets of Solicitors that we have been instructed. Their views are sought and we then act accordingly. Both Counsel are informed of each other’s involvement in the case. All data on cases in which Chambers acts on both sides is appropriately managed.
Clerking
If a conflict arises then we shall arrange for a separate Clerk to deal with each side of the case. The Clerks will then deal with the case in a professional, discrete and confidential manner.
Papers
Most of the information considered by Chambers is now managed electronically. On occasions where paper is used it is appropriately stored in locked cabinets or a secure “brief room” in Chambers. All paperwork is considered to be confidential, is dealt with under GDPR requirements and securely destroyed when it is no longer required.
If sensitive documents or forms of data storage are delivered then they are either placed in a safe. A note is made on the LEX record of the case. Counsel are informed that sensitive material has arrived and that, when not placed in the safe, they have sole responsibility for its security and confidentiality.
E-mails
Each member of Chambers and each member of staff have specific LHC e-mail address which can receive and send e-mails. Those e-mail accounts can only be accessed by the individual person concerned and require multi factor authentication. All members of Chambers and staff will endeavour to respond to e-mail communication within 48 hours of receipt.
Discussion amongst Members of Chambers
Barristers do not discuss cases that they are involved with on opposite sides unless it is done so on a formal basis. Both Counsel and Clerks are aware of the discretion required when dealing with other members of Chambers or Solicitors.
Breaches
Chambers has a specific set of policies dealing with data breaches. If there is a breach then all necessary steps will be taken to minimise the extent and effect of the breach. Clients are informed immediately.
Mini-Pupils/Work Experience
When Chambers allow mini-pupils or people on work-experience into Chambers, they are required to sign a “confidentiality agreement”.
Equal Opportunities Policy
Please see the specific “Equalities & Diversity” section of this website.
The members and staff at Lincoln House Chambers are committed to equal opportunities in all aspects of its work. Both members and staff are required to undertake compulsory yearly training in Equalities & Diversity topics.
All Barristers have committed to observe the Bar Council Code of Conduct in relation to non-discrimination in the acceptance of work, the carrying out of that work and all dealings with clients, colleagues, staff etc.
All staff have committed by signing their “contract of employment” to comply with this policy.
All job applicants, pupillage and tenancy applicants, employees, members and clients will receive equal treatment regardless of sex, marital status, race, colour, nationality, ethnicity, disability or sexual orientation.
By way of examples, the following do not comply with Chambers’ policy:-
“Direct discrimination” where a person is less favourably treated because of sex, race or disability, for example refusal of promotion on the grounds of colour.
“Indirect discrimination” where a requirement or condition which cannot be justified is applied equally to all groups but has a disproportionate and adverse effect on one particular group. For example, the setting of an age-limit for a post which may exclude many women of that age who are unable to apply for the post as a result of family commitments.
Victimisation where someone is treated less favourably because they have taken action against Chambers under one of the relevant Acts.
Chambers will take the following actions to support this policy:-
All job advertisements, wherever placed, will include a statement akin to “Chambers are Equal Opportunities Employers”.
When recruiting, Chambers will take steps to attract applications from all sexes and all races. We ensure that there are equal opportunities in all stages of the recruitment process.
Promotion within Chambers will be based solely on merit.
Clerks will ensure that all work is offered equally to those of similar skills and experience (subject to availability) and will take the necessary action under the Bar Code of Conduct should any professional client seek to unfairly influence the use of a particular Barrister or decline to use a Barrister on discriminatory grounds.
All selection of pupils and tenants will be guided by this policy. This is detailed further in the specific sections of the Pupillage Policy.
Chambers is committed to allowing members of staff and tenants suitable parental leave and have designed our policies to ensure that leave taken does not prejudice career development.
Chambers will monitor all recruitment exercises to ensure that equal consideration and opportunity is given to all applicants.
Discipline – Chambers will treat seriously and take disciplinary action when any member, pupil, employee or client has a grievance as a result of discrimination or harassment on sexual, racial or disability grounds.
Grievance – any member, pupil or employee who feels that they have been unfairly disadvantaged in any way under these rules may take the matter up in strictest confidence with the Equalities Officer and Management Committee who will investigate and take appropriate action, including disciplinary action if necessary.
Privacy Policy
Please see the specific “Privacy Policy” section of this website.
Lincoln House Chambers has created this privacy statement in order to demonstrate our firm commitment to your privacy.
Contact Us
If you have any questions about any aspect of Chambers business terms, please contact:
David Wright
Director of Clerking
Email – dwright@lincolnhousechambers.com