By Samantha Jones-
A barrister has been fined £50k and suspended for 2 months over serious misconduct related to making dodgy legal-aid claims of almost £570,000.
The action against Gavyn Cairns was taken by the Bar of Northern Ireland following a disciplinary case, after he failed to maintain proper records and accounts over a nine-year period up to 2012.
Mr Cairns suspension from practising for two months was for bringing the profession into disrepute, as he joins a long list of solicitors and barristers in the legal profession exposed for lacking integrity. The sanctions were decided upon by a disciplinary committee which oddly accepted Mr Cairns had not been dishonest yet fined him heavily for inflated charges against clients.
The committee’s conclusion he had not been dishonest appears to have been to soften the blow against the barrister whose integrity has been stained but will be able to eloquently argue that the concluded lack of honesty meant his fine was for some failing or error on his part.
There had earlier been an investigation by the Legal Services Agency after concern was raised about some of his historical legal aid claims.
As a result, the Legal Services Agency only paid out about £130,000, which was agreed as reflecting the work he had done.
Gavyn Cairns is at one stage believed to have claimed to have worked 29.5 hours in a day.
The investigation found that consultation times alone for some of the work he carried out on cases went beyond 24 hours in a day.
When Mr Cairns’ claims were submitted to meet a deadline for recording work undertaken, the Legal Services Agency instigated an investigation after concerns were raised over some of the claims.
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It meant that only around £130,000 of the amount claimed was paid out as the LSA found that that amount was deemed to be legitimate compensation for the work done.
A Bar NI disciplinary committee accepted that Mr Cairns had not been dishonest in the case taken against him.
“There were three charges in total – two relating to a failure to maintain proper records and accounts and a third relating to bringing the profession of a barrister into disrepute.
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“After careful consideration of the charges and the submissions made by all parties, the Disciplinary Appeals Committee has imposed sanctions upon the barrister
A statement from the Bar of Northern Ireland confirmed its Professional Conduct Committee (PCC) had examined the case and that it works to “promote the highest standards of practice” among legal professionals.
“We consider any misconduct to be an extremely serious matter,” a spokesperson said.
“The PCC consists of practising members and lay representatives who rigorously investigate all complaints and recommend disciplinary action as and when appropriate.
“A complaint of professional misconduct against Mr Gavyn Cairns BL was received by the Bar relating to Legal Aid claims submitted by the barrister over an historic period concluding in 2012.
“The PCC conducted its investigation which resulted in the matter being placed before a Disciplinary Committee.
“The case later progressed to a Disciplinary Appeals Committee. Each of these Disciplinary Committee hearings were chaired by senior member of the judiciary and included lay representatives alongside senior members of the profession.
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A Bar of Northern Ireland spokesperson said: “We consider any misconduct to be an extremely serious matter.
“After careful consideration of the charges and the submissions made by all parties, the disciplinary committee has imposed sanctions upon the barrister.
“The Bar of Northern Ireland serves the public interest by regulating all practising barristers in Northern Ireland.
“We aim to promote the highest standards of practice and to safeguard clients and the public interest through our regulatory function.”
Notification of the action it has taken against Mr Cairns has been placed on court building notice boards.
His suspension took effect from last week.