22 May 2017

Annexe H - The Foreign Lawyers (Chambers) Rules

From 6 January 2014 the Bar should refer to a  new Handbook for rules and guidance on their conduct as barristers.

1. Before permitting a foreign lawyer to practise from chambers the head of chambers or if there is no head of chambers every member of chambers must:

(a) obtain the written undertaking of the foreign lawyer to comply with the Code as if he were a self-employed barrister except in so far as any requirement of the Code conflicts with the rules of his own profession;

(b) ensure that the foreign lawyer is covered by insurance against claims for professional negligence in such amount and upon such terms as are currently required by the Bar Council;

(c) provide the Bar Council in writing with the  name and details of the foreign lawyer and with a copy of the undertaking referred to in (a) above and a copy of the current insurance policy or certificate of insurance covering the foreign lawyer; and

(d) obtain the consent in writing of the Bar Council to the foreign lawyer so practising.

2. Thereafter for so long as the foreign lawyer is permitted to practise from chambers the head of chambers or if there is no head of chambers every member of chambers must:

(a) satisfy himself that the foreign lawyer complies with and continues to comply with the undertaking referred to in paragraph 1(a) above;

(b) ensure that the foreign lawyer remains covered by insurance in accordance with paragraph 1(b) above and that the Bar Council has a copy of the current insurance policy or certificate of insurance covering the foreign lawyer; and

(c) inform the Bar Council of any failure by the foreign lawyer to comply with the undertaking referred to in paragraph 1(a) above which may be known to him.

3. No barrister shall permit a foreign lawyer to practise or continue to practise from chambers of which the barrister is a member if the consent of the Bar Council to the foreign lawyer so practising has not been given or is at any time withdrawn.

4. A European lawyer registered with the Law Society of England and Wales may not practise from or be a member of chambers.