27 April 2018

Part V - Employed barristers

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

This section sets out the rules governing Employed Barristers.

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Barristers employed other than by Authorised Bodies

501. An employed barrister whilst acting in the course of his employment may supply legal services to his employer and to any of the following persons:

(a) any employee, director or company secretary of the employer in a matter arising out of or relating to that person's employment;

(b) where the employer is a public authority (including the Crown or a Government department or agency or a local authority):

(i) another public authority on behalf of which the employer has made arrangements under statute or otherwise to supply any legal services or to perform any of that other public authority's functions as agent or otherwise;

(ii) in the case of a barrister employed by or in a Government department or agency, any Minister or Officer of the Crown;

(c) where the barrister is or is performing the functions of a justices' clerk, the justices whom he serves;

(d) where the barrister is employed by a trade association, any individual member of the association.

502. An employed barrister may supply legal services only to the persons referred to in paragraph 501 and must not supply legal services to any other person save that whilst acting in the course of his employment:

(a) a barrister employed by the Legal Services Commission may supply legal services to members of the public;

(b) a barrister employed by or at a Legal Advice Centre may supply legal services to clients of the Legal Advice Centre;

(c) any employed barrister may supply legal services to members of the public free of charge (to any person).

503. A barrister employed to supply legal services under a contract for services may be treated as an employed barrister for the purpose of this Code provided that the contract is:

(a) in writing;

(b) (subject to any provision for earlier termination on notice) for a determinate period;

(c) not a contract with an Authorised Body.

504. An employed barrister shall have a right to conduct litigation in relation to every Court and all proceedings before any Court and may exercise that right provided that he complies with the Employed Barristers (Conduct of Litigation) Rules (reproduced in Annex I).

505. An employed barrister must not receive or handle client money securities or other assets other than by receiving payment of remuneration or where the money or other asset belongs to his employer.

Barristers employed by and/or managers of Authorised Bodies

506. A barrister who is a manager of or employed by an Authorised  Body shall have a right to conduct litigation in relation to every Court and to all proceedings before a Court and may exercise that right provided that the barrister complies with the Employed Barristers (Conduct of Litigation) Rules (reproduced in Annex I) and with the rules of the Approved Regulator of the Authorised  Body.

507. A barrister who is employed by a Authorised  Body but is not a manager of that body must not receive or handle client money securities or other assets other than by receiving payment of remuneration or where the money or other asset belongs to that body.

508.  A barrister employed by an Authorised  Body to supply legal services under a contract for services may be treated as an employee of an Authorised  Body for the purposes of this Code provided that the contract is in writing.