A barrister has been disbarred for making audio recordings of court hearings in family proceedings and harassing an employee with confidential mental health issues over WhatsApp.
The Bar Tribunals and Adjudication Service heard three misconduct cases related to Mariam El-Sobky, who was called to the bar in 2001.
The tribunal heard that Ms El-Sobky had made audio recordings of court hearings, without the consent of the parties or judge, on at least three separate occasions and had sent the recordings by WhatsApp messages to individuals employed by her, asking for them to be transcribed.
In both cases, the tribunal found she had failed to observe her duty to the court, failed to act with integrity, behaved in a way which was likely to diminish the trust and confidence the public places in the profession, and behaved in a manner which could reasonably be seen by the public to undermine her integrity.
El-Sobky was also found to have harassed a former employee by sending messages to a group chat on WhatsApp which related to, and sought to make fun of, the confidential mental health issues of the former employee, including “best place for you I think is a mental asylum. No access to internet or Wi-Fi and restraints lol” and “a very sick young lady”.
In a third case, El-Sobky was found to have recklessly misled or attempted to mislead the Family Court by submitting applications and documents purporting to have been sent on behalf of her client, without the client’s knowledge, instructions or approval.
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 disbarment means Ms El-Sobky is suspended from practice for 10 months. A return to practice will be dependent on providing satisfactory proof of capacity to practise by a BSB approved mental health professional.
The costs of the tribunal are £7,226.44. The findings are subject to appeal.
