Who to complain to?

[Berniethebolt]

I am currently fighting a DWP tribunal decision and went to my local CAB to get advice .
Background is, an application for PIP, went through mandatory recon and went to tribunal. When I finally got the statement of reasons it appears to me that

a) the panel did not consider some of the evidence as there was no mention of it , not even to say that it wasn't relevant although I think it is . These include but are not limited to, specialised glasses to read, various letters from my University disability resources stating my needs and challenges .

b) the Tribunal erred in law i.e there interpretations of the law did not follow the guidelines provided by the DWP or indeed the relevant legislation . Again a couple of examples are that the Judge stated that time is not a factor in doing a task , the example given was if it took me 20 minutes to get out of bed by myself because of arthritis this was irrelevant , the other one was the definition of a simple meal -this is a simple one course meal cooked from raw ingredients .

Anyway, moving on
CAB referred me to someone who they said was a solicitor and who would give me a free 30 minute consultation followed by, if appropriate a no win no fee arrangement . An appointment was made

The appointment has now been cancelled 3 times , luckily for me at the moment it is not time critical as I have written (with help) a letter to the DJ asking for a set aside for amongst other things the reasons above and if that is not appropriate for leave to appeal to the upper tribunal. I am still awaiting a response , Judges working faster than a speeding bullet as we all know.

Meanwhile I have found that this man is not a solicitor or barrister but does have a degree in law from the illustrious University of Derby . His main website is this
http://www.communitylegal.co.uk/

he does however also run this website
http://www.employmentspecialist.co.uk/default.html

Although in the very small print at the bottom he does say he is not a barrister I think there is a very clear intention to deceive.

I am not against anyone earning a living if they provide a good service but I feel that there has been deception. I am of course writing to the CAB office about his unreliability nut wonder if anyone has any other thoughts .

[nemesis45]

Re: Who to complain to?

Where is the deception the web site shows that this person has been called but has not completed the pupillage stage of
training for reasons that are not disclosed.
If the advice given is sound and there is no evidence of " passing off" in regard to his status what's the problem.
The Bar Council might be able to advise.

[Berniethebolt]

Re: Who to complain to?

I think you are maybe missing the point, you may understand that being called to the bar does not mean you are a barrister but i would bet my pension that a huge number of people do not know that. Also on the about us page there is this little quote

Darren, being called to the Bar of England and Wales and being published as a barrister by the Honourable Society of Lincoln's Inn, one of the four Inns of Court, in London*.

The barrister part is a minor detail but the CAB have stated that he is a qualified solicitor and are recommending him as such . It is more the complete unprofessionalism of him that beggars belief.
I am sure that if you told someone you would see them at a certain time on a certain day to help with some time critical event such as a defence you would be professional enough to do it- and by the way i am not trying to catch you out just give you credit where credit is due

[Kati]

Re: Who to complain to?

so ... the CAB told you this guy was a solicitor, and it turns out he has not - yet - completed his training (I have no idea what the 'pupillage' stage of training is :sorry? Personally, I would be making sure that your CAB office knows that he is not exactly what they've been passing him off as :sad:

Apart from that, Nem's suggestion of contacting the Bar Council is good too (IMO) - if he is making out he is something he is not then they should be able to put a stop to it xx

[Berniethebolt]

Re: Who to complain to?

Hi Kati
Yes he has completed his degree and one small part of a barristers training however he is neither qualified as a barrister or a solicitor . My friend the Lazy Cow has been trying to explain the difference but they have different paths once you have your law degree.

I will be in touch with CAB on Monday. If he was able to do the job I would have been quite happy to sign up on a no win no fee basis and as this is at present approaching a year it would be a reasonable sum but someone who cancels three times and is uncontactable at other times is of no use to anyone. AND HE HAS NEVER EVEN MET ME

[nemesis45]

Re: Who to complain to?

I think you are maybe missing the point, you may understand that being called to the bar does not mean you are a barrister but i would bet my pension that a huge number of people do not know that. Also on the about us page there is this little quote


The barrister part is a minor detail but the CAB have stated that he is a qualified solicitor and are recommending him as such . It is more the complete unprofessionalism of him that beggars belief.
I am sure that if you told someone you would see them at a certain time on a certain day to help with some time critical event such as a defence you would be professional enough to do it- and by the way i am not trying to catch you out just give you credit where credit is due

I have little faith in what CAB's generally state about " advisors " the recommend vague most of the time as in anyone giving " legal" advice is a " solicitor ".
What the CAB says must be challenged with the CAB worker who has made that statement.

This person does not pass himself off as either a solicitor or a barrister even at the pupillage stage as far as I can see he's is still it seems a well qualified legal professional.

The problem if there is one is with the CAB branch.
Quite often I've seen lists of appointments made for " experts " to see clients that were impossible to meet resulting in cancellations.

[Amethyst]

Re: Who to complain to?

I'd say that's a CAB error. He doesn't state anywhere he is a solicitor, so it's the barrister bit that could be an issue.

His disclaimer is a tad teeny.

** Darren Martin does not hold himself out as a barrister as he has not completed the pupillage phase of practice. In accordance with the BSB code of conduct he is not permitted to therefore call himself a barrister or hold himself out as a barrister when providing legal services. This section merely explains his academic qualifications.

however, the below could be quite misleading... particularly the '' being published as a barrister by the Honourable Society of Lincoln's Inn,'' - to the layman that means he's a barrister.... that is unless you spot the asterix and squint to read this bit

Darren Martin does not hold himself out as a barrister as he has not completed the pupillage phase of practice. In accordance with the BSB code of conduct he is not permitted to therefore call himself a barrister or hold himself out as a barrister when providing legal services. This picture merely celebrates his academic qualifications and shows his pride and honour at being a member of the honourable society of Lincoln's Inn and being published as a barrister by that honourable society

Darren, being called to the Bar of England and Wales and being published as a barrister by the Honourable Society of Lincoln's Inn, one of the four Inns of Court, in London*.

[nemesis45]

Re: Who to complain to?

Hi Kati
Yes he has completed his degree and one small part of a barristers training however he is neither qualified as a barrister or a solicitor . My friend the Lazy Cow has been trying to explain the difference but they have different paths once you have your law degree.

I will be in touch with CAB on Monday. If he was able to do the job I would have been quite happy to sign up on a no win no fee basis and as this is at present approaching a year it would be a reasonable sum but someone who cancels three times and is uncontactable at other times is of no use to anyone. AND HE HAS NEVER EVEN MET ME

He has not misled or passed himself off as a solicitor or barrister, first class degree in law and study of specialist subjects whilst earning living using those qualifications is not a problem I think.
The CAB needs to train or retrain its voluteers.

[Amethyst]

Re: Who to complain to?

He's not on the BSB list.

complaint details https://www.barstandardsboard.org.uk...RATOR=CA0B0334


( the main issue is CAB holding him out as a solicitor, but his website does mislead into thinking he is a barrister IMO)

[nemesis45]

Re: Who to complain to?

He's not on the BSB list.

complaint details https://www.barstandardsboard.org.uk...RATOR=CA0B0334

Just confirms what he states on the web site, and the statement there re not being on the register should be taken in to consideration.

[Kati]

Re: Who to complain to?

OK ... so definitely a CAB problem then??

[nemesis45]

Re: Who to complain to?

OK ... so definitely a CAB problem then??

Yes some of the volunteers at CABs give the strangest definitions of the " experts " status when someone says
they have a law degree automatically they are solicitors/ barristers for a barrister although called to progress
to having audience in the courts a stage of study and what may be called work experience " shadowing" and
experienced barrister or if they are fortunate a QC then progressing to a junior and then a lead, then possibly
taking silk to be come a QC.
I've worked with lawyers who never see clients, never appear in court, they are academics in Law Schools teaching
titles are misleading a " lawyer" can encompass many " job titles" and levels of professional status.

Not all Judges are QC's for instance.

nem

[Kati]

Re: Who to complain to?

titles are misleading a " lawyer" can encompass many " job titles" and levels of professional status.

incidentally, my mum's partner did a law degree approx 20yrs (?) ago ... he's never 'practiced' and never used it.

I think he did it to look good on his CV :lol:

[nemesis45]

Re: Who to complain to?

incidentally, my mum's partner did a law degree approx 20yrs (?) ago ... he's never 'practiced' and never used it.

I think he did it to look good on his CV :lol:

Yep I know some who have OU LLB's all are members of the Law Society and use their knowledge to help others much to their credit.

nem

[Kati]

Re: Who to complain to?

Yep I know some who have OU LLB's all are members of the Law Society and use their knowledge to help others much to their credit.

nem

I wish he would (and his was a Cambridge uni degree)!!