Past disciplinary findings

Kim Neal, a barrister within the meaning of Part X of the Code of Conduct, practised as a barrister within the meaning of paragraph 201(a) in that in and before July 2008 she provided legal services within the meaning of Part X of the Code of Conduct and held herself out as a barrister in that:

(i) she attended before His Honour Judge Mithani at Nottingham County Court on 8 July 2008 and represented NH, the Claimant in proceedings brought by her against Mr and Mrs P (Claim No. 7NG12037); and

(ii) she drafted the Claim Form in those proceedings; and

(iii) she prepared a Skeleton Argument for the hearing; and

(iv) she entered into correspondence with Mr and Mrs P?s solicitors by letters dated 3 September 2007 and 3 July 2008; and

(v) she held herself out as a barrister by:

(a) stating at the hearing on 8 July 2008 in open Court that she was ?a practising barrister? (transcript, page 3:A);

(b) stating at the hearing on 8 July 2008 in open Court that since 2005 she practised primarily in the criminal courts (transcript, page 3:C);

(c) stating in her letter to Mr and Mrs P?s solicitors dated 3 September 2007 that she was ?a member of the Bar?;

in circumstances where

(a) she had not complied with any training requirements imposed by the Consolidated Regulations which were in force at the date of her call to the Bar in that she failed to complete any relevant period of pupillage such as would qualify her to practise as a barrister in compliance with paragraph 202, sub-paragraph (a); and

(b) she failed to hold a current practising certificate issued by the Bar Council in compliance with paragraph 202, sub-paragraph (c);

and where

(c) she has set herself up in business trading as ?Legal Authority Legal Services (LALS)? and corresponding with Mr and Mrs P?s solicitors on notepaper headed to that effect and with the additional words ?litigation, advice, advocacy and asset recovery?;

(d) she stated in her letter to Mr and Mrs P?s solicitors dated 3 September 2007 that she used the ?trading umbrella? of LALS when undertaking ?private or pro bono work? other than certain work for local authorities;

(e) she stated that since 2005 she has practised primarily in the criminal courts.

Kim Neal, a barrister within the meaning of Part X of the Code of Conduct, at a hearing before His Honour Judge Mithani at Nottingham County Court on 8 July 2008 made statements to the Judge, inter alia, that: (a) she was ?a practising barrister?; and (b) she had completed pupillage. These statements were false. Ms Neal was and is not a practising barrister and has not completed pupillage. Ms Neal knew that she was not a practising barrister and knew that she had not completed pupillage because she had been advised by the Bar Standards Board in letters dated 13 February 2006, 28 November 2006 and 16 June 2008 that she had not completed pupillage and that she was not entitled to a practising certificate. Such conduct is discreditable to a barrister pursuant to paragraph 301, sub-paragraph (a)(i) of the Code of Conduct.