Case reference: PC 2017/0175/D3
Robert Gilbert
The Director-General of the Bar Standards Board
The Chair of the Bar Standards Board
The Treasurer of the Honourable Society ofthe Middle Temple
Disciplinary Tribunal
Robert Gilbert
- In accordance with an appointment made by the President of the Council of the Inns of Court contained in Convening Orders dated 20 March 2018, I sat as Chair of a Disciplinary Tribunal on the14 May 2018to hear and determine two charges of professional misconduct contrary to the Bar Standards Board Handbook against Robert Gilbert, barrister of the Honourable Society of the Middle Temple.
Panel Members
- The other members of the Tribunal were:
Kathryn King [Lay Member]
Edward Levey [Barrister Member]
Charges
- The followingcharges were admitted.
Charge 1
Statement of Offence
Professional misconduct contrary to Core Duty 5 of the Bar Standards Board Handbook.
Particulars of Offence
Robert Gilbert, a practising barrister, on the 5 May 2017, acted in a way which was likely to diminish the trust and confidence which the public places in a barrister or in the profession, in that his conduct towards a solicitor in that he: a] shouted at the solicitor in an aggressive manner; and b] prevented the solicitor from leaving a conference room by placing his arm against the door.
Charge 2
Statement of Offence
Professional misconduct contrary to Core Duty 7 of the Bar Standards Board Handbook.
Particulars of Offence
Robert Gilbert, a practising barrister, on the 5 May 2017, failed to provide a competent standard of service to his client in that he: a] failed to treat his client with courtesy and consideration and b] caused his client unnecessary distress by telling his client that he would no longer act for her.
Parties Present and Representation
- The Respondentwas present and was represented by Ian West. The Bar Standards Board (“BSB”) was represented by Charles Crinion andGift Akinola, BSB Investigations Officer, was in attendance.
Judgment
- This is the unanimous judgment of the Tribunal. Mr Gilbert accepted the summary of the relevant facts set out in Mr Crinion’s Opening Note, paragraphs 3 to 9, which were read out earlier and which we do not repeat. We have had helpful submissions both from the BSB and Mr West on behalf of Mr Gilbert in relation to sanction. We have also considered carefully the BTAS Sanctions Guidance [Version 4 – 1 February 2018].
In our opinion the aggravating features that we have taken into account are, by reference to Annex 1 of the Sanctions Guidance, this was conduct undermining the profession in the eyes of the public, it had a significant impact on the complainant and that it could be characterised as bullying behaviour.
There are, however, significant mitigating factors. Mr Gilbert admitted the charge. He apologised promptly for his conduct, and has shown genuine remorse. It was undoubtedly a single incident. The incident occurred in the heat of the moment and in quite exceptional circumstances. Mr Gilbert has co-operated with the investigation. There have been voluntary steps taken to remedy the breach, in particular in relation to agreeing to act for his lay client immediately afterwards. He is a barrister of previous good character. Most importantly we have had particular regard to the exceptional personal circumstances and the bereavement that Mr Gilbert was suffering on the day in question.
We have also had regard to the characterisation in the Sanctions Guidance at p. 50 of the Guidance “of a high level of discourtesy that had a significant impact on the victim”.
Taking into account all those factors, we consider that the appropriate sanction in relation to Charge 1 is a Reprimand and a Fine of £750.00, in relation to Charge 2 the sanction is a Reprimand. The fine that we have imposed has been reduced from what we would otherwise have been minded to impose, because of the exceptional mitigating circumstances in this case.
The fine is to be paid within 28 days from the date of the hearing.
Approved: 23 May 2018
Jonathan Glasson QC
Chairman of the Tribunal
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