Entertainment of solicitors by barristers

Entertainment of Solicitors and Others by the Bar Guidance on gifts to Solicitors

1. In recent years, there has been a significant increase in the extent of entertainment of clients by the Bar, particularly of solicitors.

2. Under Paragraph 301 of the Code, a barrister must not:

(a) engage in conduct whether in pursuit of his profession or otherwise which is:

(i) dishonest or otherwise discreditable to a barrister;

(ii) prejudicial to the administration of justice; or

(iii) likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute;

And under paragraph 307 a barrister must not

(d) give a commission or present (save for small promotional items ) or lend any money for any professional purpose to or (save as a remuneration in accordance with the provisions of this Code) accept any money by way of loan or otherwise from any client or any person entitled to instruct him as an intermediary.

(e) make any payment (other than a payment for advertising or publicity permitted by this Code or in the case of a self-employed barrister remuneration paid to any clerk or other employee or staff of his chambers) to any person for the purpose of procuring professional instructions;

3. The role of the solicitor will normally be to choose and recommend suitable counsel to the lay client. The decision to recommend counsel must be, and must be seen to be, an independent judgment of the solicitor unaffected by such factors as whether he or she has been the beneficiary of entertainment by counsel. Lavish entertainment of solicitors by counsel may lead to a perception that counsel has been chosen on grounds that are not objective. Such a perception would lower the reputation of the Bar and have the potential to bring it into disrepute. The close connection between the Bar and the administration

of justice in this country places special responsibilities on the Bar. High ethical standards for the Bar affect public confidence in the administration of justice and affect the public and consumer interest in a way that does not similarly apply to commercial organisations. Moreover, in publicly funded cases there are special concerns for the public interest in relation to the use of public money.

4. We would therefore remind members of the Bar of the need to be circumspect in the entertainment of solicitors by individual barristers or by chambers. What is appropriate, as opposed to excessive, will depend on all the circumstances. But such entertainment must not be intended or likely to cause the recipient to choose or recommend counsel having regard to anything other than the client’s best interest, nor be of such a manner or of such value as to appear in all the circumstances to be intended or likely to do so.

5. A useful question to ask is whether the individual entertained would be embarrassed to disclose it to his or her colleagues, client or the regulator. Equally, entertainment should not be given where the host would be embarrassed if the fact, or extent, of the entertainment were to become publicly known. Moreover, where a large sum of money by way of entertainment is spent on an individual solicitor, this may be regarded as tantamount to a gift to that solicitor and thus potentially in breach of paragraph 307.

Standards Committee – June 2007

1 This is the proposed amendment.

To see the main report paper on this issue, click here