The chair of the public access bar association has been fined £3,000 after a tribunal found him to be his ‘own worst enemy’ in dealing with a complaint.
Timothy Becker, called to the bar in 1992, was found to have behaved in a way which was likely to diminish the trust and confidence which the public places in him or in the profession when he failed to make monthly payments in a timely manner, as agreed, following a Legal Ombudsman decision, and when in correspondence with a client he made unacceptable, insulting and rude comments about the LeO and its decision.
Becker also admitted, in part, that he failed to respond to the LeO’s requests of him in a timely manner from 27 June. Three further charges, relating to lack of integrity, were found not proved by the five-person panel following a day-long hearing.
Returning the Bar Tribunals & Adjudication Service’s findings, the chair His Honour Martyn Zeidman KC said: ‘In our view, Mr Becker you have been your own worst enemy and I suspect you can see that yourself. If you had been polite and open and explained the difficulties that you were undoubtedly suffering from then you would never have got into this position.
‘In our unanimous view, it is not a lack of integrity but you have behaved badly.’
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Referring to Becker’s proposal to pay the £2,700 fine by the LeO after it found Becker’s service to his client fell below a reasonable standard, the chair said: ‘It is clear there was agreement, you said you were going to pay monthly instalments and you should have done that. If you could not do that, you should have said so in straightforward terms.
‘In respect of the last payment, it was many months that went by [and] even then [it was] after the County Court order that you made a payment…and that is bad conduct.’
Finding proved the allegation that Becker had, in correspondence with the client, made comments that were unacceptable, insulting or rude, the chair said: ‘This really was a disgrace, and you now acknowledge this was no way to speak to a lay client. It should not have happened.’
The tribunal heard Becker had previously been sanctioned for his comments about a deputy district judge and was fined £750 in 2020.
The chair said the panel could see a ‘real connection’ between the case they were dealing with and the 2020 finding against Becker adding: ‘It worries us and we are concerned. In our view there are significant similarities between the rudeness to the lay client in our case and the rudeness in the previous matter when the respondent was referring to a judge trying the case. It is a serious aggravating factor.
‘We would have hoped that after his hearing in relation to that previous matter that he would have learnt the lesson but clearly that did not work and that is why it is worrying.’
Fining Becker £3,000, the panel also ordered that Becker complete two courses – one relating to client care and the second about tackling harassment, bullying and inappropriate behaviour – after finding Becker ‘needs some re-education’. The courses must be completed by the end of the year.
‘It is a strange thing to say to someone who has been at the bar for so many years. We are concerned about your behaviour and the reputation of the bar,’ the chair said.
‘It is quite a blow, we appreciate, for a barrister of your standing to be sent on that kind of course but that is the whole idea of it.’
The BSB was also awarded its costs in full.
