17 August 2018

Part VIII - Miscellaneous

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 miscellaneous provisions concerning pupillage, working at a Legal Advice Centre, dual qualification and relationships with foreign lawyers.

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Pupils

801. A barrister who is a pupil must:

(a) comply with Part V of the Bar Training Regulations ;

(b) apply himself full time to his pupillage save that a pupil may with the permission of his pupil-supervisor or head of chambers take part time work which does not in their opinion materially interfere with his pupillage;

(c) to the extent that paragraph 702 applies to his pupil supervisor or to any person whom he accompanies to court or whose papers he sees, preserve the confidentiality of the affairs of that person's client in accordance with paragraph 702

802. A barrister who is a pupil may supply legal services as a barrister and exercise a right of audience which he has by reason of being a barrister provided that:

(a) he has completed or been exempted from the non-practising six months of pupillage; and

(b) he has the permission of his pupil-supervisor or head of chambers;

provided that such a barrister may during the non-practising six months of pupillage with the permission of his pupil-supervisor or head of chambers accept a noting brief.

803.1  So long as he is a pupil a self-employed barrister may not become or hold himself out as a member of chambers or permit his name to appear anywhere as such a member.

803.2 A barrister who is a pupil of an employed barrister or of a  barrister who is a manager or employee of an Authorised  Body,  or who pursuant to Regulation 42 of the Bar Training  Regulations1 spends any period of external training with such a  barrister or with a solicitor shall be treated for the purpose of the  Code as if he were during that period employed by the barrister's  employer or by the Authorised Body or by the solicitor's firm as  the case may be.

Pupil-supervisors

804. A barrister who is a pupil-supervisor must:

(a) comply with Part V and Schedule C of the Bar Training Regulations ;

(b) take all reasonable steps to provide his pupil with adequate tuition supervision and experience;

(c) have regard to the pupillage guidelines issued from time to time by the Bar Standards Board and to the Equality Code for the Bar.

805. Except where a pupil is in receipt of an award or remuneration which is paid on terms that it is in lieu of payment for any individual item of work, a barrister must pay any pupil (or in the case of an employed barrister ensure that a pupil is paid) for any work done for him which because of its value to him warrants payment.

Legal Advice Centres

806. A barrister may supply legal services at a Legal Advice Centre on a voluntary or part time basis and, if he does so, shall in connection with the supply of those services be treated for the purpose of this Code as if he were employed by the Legal Advice Centre.

807. A barrister who is employed by a Legal Advice Centre:

(a) must not in any circumstances receive either directly or indirectly any fee or reward for the supply of any legal services to any client of the Legal Advice Centre other than a salary paid by the Legal Advice Centre;

(b) must ensure that any fees in respect of legal services supplied by him to any client of the Legal Advice Centre accrue and are paid to the Legal Advice Centre; or to the Access to Justice Foundation or other such charity as prescribed by order made by the Lord Chancellor under s194(8) of the Legal Services Act 2007;


(c) must not have any financial interest in the Legal Advice Centre.

Dual qualification

808.1 A barrister who is authorised to practise by another approved regulator and currently entitled to practise as such shall not practise as a barrister.

808.2 A barrister who becomes authorised to practise by another approved regulator shall forthwith inform the Bar Standards Board and the Inn(s) of Court of which he is a member in writing of that fact.

808.3 A barrister who:

(a) has had his name struck off the roll of solicitors or been excluded from practise by another approved regulator; or

(b) has at any time been found guilty of any professional misconduct or is the subject of any continuing disciplinary proceedings in relation to his professional conduct by another approved regulator

(c) has at any time been refused a practising certificate as a solicitor or had his practising certificate suspended or made subject to a condition

shall not practise as a barrister until the Complaints Committee has considered his case and, if it decides to refer the case to a Disciplinary Tribunal, until the case is finally determined.

808.4 A barrister who is authorised to practise by another approved regulator shall not be deemed to be practising as a barrister if he holds himself out as a barrister provided that before supplying legal services to any person or employer, and when first dealing with any third party in the course of supplying legal services, he informs them fully and comprehensibly in writing

(a) of his status and the fact that he does not hold a practising certificate under this Code,

(b) of the relevant limitations under this Code on the legal services he may undertake,

(c) that he is not fully regulated by the Bar Standards Board, and

(d) of the absence of available compensatory powers for any inadequate professional services he may render.808.1 A barrister who is authorised to practise by another approved regulator and currently entitled to practise as such shall not practise as a barrister.


808.2 A barrister who becomes authorised to practise by another approved regulator shall forthwith inform the Bar Standards Board and the Inn(s) of Court of which he is a member in writing of that fact.
808.3 A barrister who:

(a) has had his name struck off the roll of solicitors or been excluded from practise by another approved regulator; or

(b) has at any time been found guilty of any professional misconduct or is the subject of any continuing disciplinary proceedings in relation to his professional conduct by another approved regulator

(c) has at any time been refused a practising certificate as a solicitor or had his practising certificate suspended or made subject to a condition

shall not practise as a barrister until the Complaints Committee has considered his case and, if it decides to refer the case to a Disciplinary Tribunal, until the case is finally determined.

808.4 A barrister who is authorised to practise by another approved regulator shall not be deemed to be practising as a barrister if he holds himself out as a barrister provided that before supplying legal services to any person or employer, and when first dealing with any third party in the course of supplying legal services, he informs them fully and comprehensibly in writing

(a) of his status and the fact that he does not hold a practising certificate under this Code,

(b) of the relevant limitations under this Code on the legal services he may undertake,

(c) that he is not fully regulated by the Bar Standards Board, and

(d) of the absence of available compensatory powers for any inadequate professional services he may render.

 Foreign lawyers

809 A barrister called to the Bar under Regulation 78 of the Bar Training Regulations  (temporary membership of the Bar)  may not practise as a barrister other than to conduct the case or cases specified in the certificate referred to in Regulation 78. They must either be insured with BMIF or be covered by insurance against claims for professional negligence arising out of the supply of his services in England and Wales in such amount and upon such terms as are currently required by the Bar Council and have delivered to the Bar Council a copy of the current insurance policy or the current certificate of insurance issued by the insurer.