Mr Satish Mistry Guildford Borough Council Town Hall Millmead Guildford GU 2 4BB By email & post

5 March 2014

Dear Mr Mistry Use of the title Barrister I write further to our telephone conversations last week. As I have explained, I am the senior executive at the regulatory body for barristers, the Bar Standards Board. It has been brought to my attention very recently that an investigation in relation to a complaint against Councillor Monika Juneja had placed reliance on an email sent by a junior member of our (and the Bar Councils) Records Office staff in response to an enquiry. That enquiry, according to the investigation report, would appear to have come from the complainants in this matter. I regret to inform you that the position as stated in the email from our Records Office was incorrect. The phrase it is not an offence to simply call yourself a barrister in this country even if not called to the Bar in England and Wales () is quite specifically wrong. I apologise sincerely for this error. The correct position is as set out in the Legal Services Act 2007. I would draw your attention not only to the sections of the Act cited or drawn on in the investigation report (ss14-17; s207.1 (a)); but most importantly also to s181 of the Act: S181 qualified person not to pretend to be a barrister

(1) It is an offence for a person who is not a barrister (a) wilfully to pretend to be a barrister, or (b) with the intention of implying falsely that that person is a barrister to take or use any name, title or description. S181 of the Act has been in force since January 2010. For the avoidance of doubt, in order to be allowed to use the title barrister at all a person must have satisfactorily completed the necessary academic qualifications and been called to the Bar by an Inn of Court. Once allowed to use the title barrister there are further constraints on what legal services activity a barrister may engage in until they have completed pupillage (work-based training requirements) and have been formally authorised to practise by the BSB. Those who are so authorised appear on our public Register. At all times a barrister is bound by the relevant and applicable parts of our Code of Conduct and Handbook. This information is set out more comprehensively on our website: www.barstandardsboard.org.uk

Ms Juneja is a student member of Grays Inn and has not been called to the Bar. I regret very much that the investigation report placed reliance on erroneous information and assure you that we have put measures in place to prevent any recurrence of the transmission of incorrect information in response to enquiries. This includes reviewing and clarifying as necessary relevant information on our website. Now that I have set out the correct position for you, it will be clear that there are implications for the investigation report, but those are of course a matter for you. Yours sincerely

Dr Vanessa Davies Director, Bar Standards Board

Cc:

Sue Sturgeon, Managing Director, Guildford Borough Council