Modupe Smith

Modupe Smith

Barrister
Membership Status: Barrister - Full Member Qualified in 2001 Public Access Accredited BSB Guidance for Public Access
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Modupe is an experienced practitioner with a wide variety of experience which will be of great value to her clients both lay and professional. Her background has consisted of being a professional legal lecturer, undertaking further education with a Masters, working at a multi-national bank and practising at the Bar.

Banking – Financial Regulations

Modupe worked at a large multi-national Bank in their Compliance department for two years which added to her financial regulatory knowledge as she dealt with issues which fell under two regulatory regimes; the Prudential Regulatory Authority and the Financial Conduct Authority. She has had to take this knowledge and apply it to HR issues as she was their liaison for a year. She was promoted within a year of being in the organisation which is evidence of how she is able to take on new challenges and new areas of law and regulation, become familiar with them and apply them to the commercial world in a practical way.  All of this experience allows her to utilise her legal knowledge in a practical way to best assist her clients. This, coupled with her advocacy experience, puts her in a unique position.

Criminal Bar

She practised at the Criminal Bar for four years in a well-renowned set of Chambers. She appeared in courts across England and Wales from the Magistrates’ to the Central Criminal Court. She has experience of interim hearings as well as trial advocacy. Being a Criminal practitioner required her to be in court everyday which means that she is well able to appear and represent her clients in a variety of courts.

Bar Professional Training Course Lecturer

She left the Bar to teach the Bar Professional Training Course at the University of Law. She taught Criminal Litigation and Sentencing, Advocacy and International Commercial Practice for 10 years. She was promoted to Senior Lecturer and became a Fellow of the Higher Education Authority. She had to research and teach law and procedure to students who were often unfamiliar with the workings of court. She had to be able to answer questions in sessions, create assessments in those areas of law and assist students in a practical way to be able to go on to become useful and well-versed pupils.

She took on an area of law in which she had not practised and was quickly able to grasp the law and procedure. The pass rate within her groups was very good and she is proud to say that she played a part in that.

Her leadership skills were identified and she was promoted to Criminal Team Leader with a team of eight members of staff. She had to deal with workload issues, interviewing staff and attending meetings with senior managers to put forward the views of her team. She moved on to a joint teaching and course designer role for Criminal Litigation and Sentencing, Professional Ethics and International Commercial Practice. She had to prepare course sessions for students and present them to colleagues in order for them to be able to teach it. This has allowed her to develop her barrister skills of being able to explain complex ideas in an easy to understand way as well as time management skills.

Further Education - Masters

She has a Masters in International Economic and Finance Law which she undertook whilst working full time. Her dissertation was a comparison of Ethics in the banking industry with the Legal industry. She looked at traditional Codes of Conduct in financial institutions as well as Sharia based codes of conduct. This required a significant amount of research into the financial regulations underpinning how banking staff should behave. It was an introduction to the legal aspects of banking as well as giving her a valuable insight into the commercial workings of these institutions. Her extended academic learning involved her having to understand complex and unfamiliar areas of law as well as translate them to others.

Public Access Accredited

Modupe is accredited to undertake public access work

Conferences

Modupe is able to have conferences at solicitors’ offices or alternatively at 160 Fleet Street, London, EC4 2DQ.

Personal Details

She was in the work choir for two years and sung modern and classical music including a piece dating back to Henry VIII. She also enjoys swimming and completed the Swimathon in 2018 for Cancer Research UK.

Areas of Law

She is highly adept in dealing with a wide range of civil and commercial matters, including but not limited to the following areas of practice:

  • Banking and Financial Services
  • Contract
  • Contracts (Sale of Goods and Consumer Rights Acts)
  • Travel, Package Travel, Holidays and Tours
  • Dangerous Dogs Act Claims
  • Education
  • Employment
  • Information, Data and Defamation Law
  • Landlord & Tenant
  • Regulatory Law
  • Road Traffic Accidents & Personal Injury
  • Flight Delay

Testimonials

Testimonials

We don’t have any client feedback for Modupe Smith at this time.

Areas of Law

Modupe Smith is happy to accept instructions as counsel who is:

  • Approved for the following panels:
  • Business & Commercial Law
  • Consumer Contracts
  • Criminal Law
  • Education Law
  • Employment
  • Land & Property
  • Personal Injury
  • Professional Regulation
  • Public Access Accredited
  • Road Traffic

Outside of these key areas of law, Modupe Smith is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Modupe direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Fees and Feedback

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

Fees and Feedback

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Modupe Smith, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: modupe.smith@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

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