A public access barrister has been disbarred a second time for fabricating client letters after a retrial caused by an evidence blunder by the Bar Standards Board.
London employment barrister Damian McCarthy was originally disbarred in 2011 after the Bar Disciplinary Tribunal found he had written Rule 6 letters relating to public access to clients after a dispute arose about costs. Public access rules state that all client care letters must be sent in advance of work carried out.
He won a judicial review against the ruling in January 2015 after the Court of Appeal found that the BSB had failed to disclose a statement by one of the principal witnesses against him ahead of his hearing.
But the regulator was granted permission to retry the case last August. After a second tribunal hearing this week McCarthy was disbarred again. The decision is open to appeal.
Sara Jagger, director of professional conduct at the BSB, said: ‘It is regrettable that a second tribunal has had to take place, but it has again been found that Mr McCarthy provided false client letters as part of an investigation by his regulator.
‘Such actions are clearly incompatible with membership of the bar, and it is right that the independent tribunal again decided to disbar.’
McCarthy's LinkedIn profile states that he is currently working as ‘a senior advocate’ at Nationwide Employment Lawyers. It stresses that he is not a barrister.