2.1.1 Number of matters considered
The following graph demonstrates the number of complaints and allegations of misconduct considered by the Panel each year since 2010, the period from which the current version of the IDAR became effective. A comparison to the number of cases considered before 2010 would not be meaningful due to significant changes made to the IDAR at that time, in particular the requirement that investigations could not be closed without referral to the Panel and a restriction on members being able to resign whilst an investigation was underway. 2010 was also the year in which IPS no longer accepted service complaints.
Year Comparison of cases at PCP
50 45 40 35 30 25 20 15 10 5 0
2010 2011 2012 2.1.2 Year on year comparison of decisions
The following table sets out the powers available to the Panel and, in percentage terms, how they were applied. This includes referrals made to the Disciplinary Tribunal and complaints determined under the delegated decision procedure.
Decision
No case to answer
Warning
Admonished* Reprimand Condition
Undertaking
Referred to Disciplinary Tribunal
Request further information
No further action
Complaint out of time #
2014 %
29
0 -
24 0
4.5 38
0 4.5 0
2013 %
19
0 -
19 0 0
43 0 19 0
2012 %
35
0 -
13.5 0 8
2011 %
20
2.5 -
20 0
10 40.5 37.5 0 3 0 2.5 7.5 0
2010 %
29
0 -
15 2 2
49 2 5 0 * The power to admonish was removed from the 2010 IDAR
# Out of time complaints have been rejected under the delegated decision procedure since 2010
2009 %
33
11 6
11 0 0
22 0 6 11
2008 %
23 0
15 8 0 0
42 0 4 8
2007 %
31 2.1.4 Issues arising in complaints
19 5
14 11 0
19 0 0 0
An analysis of the issues arising has been undertaken and appears in the tables below. In the majority of cases there was more than one head of complaint or more than one issue raised. Each of these has been counted individually. Not all of the allegations were found proved by the Panel.
Service complaints have not been accepted by IPS since 2010, therefore it is not useful to draw comparisons between the types of complaints which have been made before and since 2010, as the nature of complainants and complaints has changed.
However the Legal Ombudsman only deals with service complaints where the member is a Fellow, therefore it is possible that IPS may receive a complaint about service provided by a member of CILEx who is not a Fellow; and who does not work in a regulated entity providing reserved legal services. IPS will consider these complaints and look at the overall conduct of the member.
Allegations relating to the carrying out of reserved legal activities continue to be the greatest proportion of complaints; with Probate and Civil being the main areas of law in relation to this.
Professional standards for specialist lawyers 27 2013 Number of cases
Area of law/ misconduct
Civil litigation
Conveyancing Crime
Employment disputes
2014
Employment law
Family Immigration
Local Government
Private/non legal matters
Trust/probate
ILEX/IPS misconduct
2014 %
25
5 5 0
0
5 0 0
5
15 40
2013 %
40
10 0 0
0
5 0
10 0 0 35
2012 %
23
6 0
12 6
15 0 0
3 6 29
2011 %
18
0 0
13 0
11 2 0
2 7 47
2010 %
10
2 0 7
2
15 10 0
0
10 44
2009 %
17
11 0 0
5
11 17 0
0
28 11
2008 %
19
8 0 0
0
8 8 0
0 8 49
2007 %
21
10 3 0
3
21 32 0
0
7 3
2.1.3 Areas of law in which complaints arose
The following table analyses the areas of law in which complaints arose, including in delegated decisions. The majority of allegations of misconduct considered by the Panel were in the area of Civil Litigation. There has also been a 15% increase in complex probate matters compared to 2013 but is lower compared to 2009 which peaked at 28% A large proportion of allegations are referrals from CILEx or IPS in respect of members failing to comply with CILEx and IPS regulations, largely examination misconduct, failing to declare prior conduct and failing to respond to IPS. The number of referrals for examination misconduct has increased by 5%, however, the net result is that the number of CILEx/IPS misconduct cases considered by the Panel remains low compared to where it peaked in 2010/11.
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