Sanction subject to appeal
A barrister has been ordered to be disbarred for recording court proceedings and harassing a former employee by “making fun” of their confidential mental health issues.
The Bar Tribunals and Adjudication Services found that Mariam El-Sobky, a barrister called to the bar in 2001, made dishonest and/or misleading statements to court and so acted without honesty and integrity and misled the court.
Three cases involving El-Sobky were heard by the independent disciplinary tribunal.
In one, the tribunal found she had “harassed” a former employee by “making fun” of their confidential mental health issues in a group chat. The tribunal also found that El-Sobky had failed to keep client confidentiality by sending appeal papers to the personal email address of an individual employed by her to carry out work on the case, without first asking that individual to sign a confidentiality agreement.
In the two other cases, between March and December 2021, El-Sobky made audio recordings of family court hearings on at least three separate occasions, without the consent of the parties or judge, and knowing she was not lawfully entitled to do so. She then sent these recordings to employees to request transcriptions.
The tribunal found that she had “behaved in a way which was likely to diminish the trust and confidence which the public places in her or in the profession, failed to act with integrity and failed to observe her duty to the court in the administration of justice”.
A spokesperson for the Bar Standards Board said:
“Ms El-Sobky failed to observe her duty to the court in the administration of justice. This behaviour falls far below the standards the public rightly expect of barristers. The decision to disbar reflects the seriousness of the misconduct in this case.”
The tribunal’s findings are subject to appeal.
