4.1 Authorisation and scope of practice - introduction

Question 1

By what Rule are persons required to have authorisation to carry on reserved legal activities?

Answer 1

rS6

You may not carry on any reserved legal activity unless you are entitled to do so under the LSA.

Question 2

Which Rule sets out who is not entitled to carry on reserved legal activities?

Answer 2

rS8
If:
.1
you are an individual and do not have a practising certificate; or
.2
you are an entity and you have not been authorised or licensed to provide reserved legal activities in accordance with Section 3.E, then:
.a
you may not practise as a barrister or a registered European lawyer or as a BSB entity (as appropriate); and
.b
you are not authorised by the Bar Standards Board to carry on any reserved legal activity.

Question 3

What are reserved legal activities?

Answer 3

BSB Handbook Glossary
a)
the exercise of a right of audience;
b)
the conduct of litigation;
c)
reserved instrument activities;
d)
probate activities;
e)
notarial activities; and
f)
the administration of oaths;

Question 4

What are the general criteria of eligibility for a practising certificate?

Answer 4

rS45
You are eligible for a practising certificate if:
.1
you are a barrister or registered European lawyer …; and
…
.3 either:
.a
within the last 5 years either
(i) you have held a practising certificate; or
(ii) you have satisfactorily completed (or have been exempted from the requirement to complete) the pupillage component of training; or
.b
if not, you have complied with such training requirements as may be imposed by the Bar Standards Board.

Question 5

What are the additional criteria for a full practising certificate?

Answer 5

rS46.1

[you have satisfactorily completed pupillage or been exempted … other eligibility criteria for pre-2000 barristers.]

Question 6

What are the additional criteria for a provisional practising certificate?

Answer 6

rS46.2
[if you have satisfactorily completed (or have been exempted …) a period of pupillage satisfactory to the BSB … and … you are registered as a Pupil]

Question 7

What must a pupil barrister do in order to obtain a provisional practising certificate?

Answer 7

rQ4
To obtain a provisional practising certificate a barrister must:
.1
have successfully completed a period of pupillage satisfactory to the BSB [6 months];
.2
pay such fee or fees as may be prescribed.

Question 8

To whom may a self-employed barrister provide legal services?

Answer 8

rS24
You may only supply legal services if you are appointed or instructed by the court or instructed:
.1
by a professional client (who may be an employee of the client); or
.2
by a licensed access client, in which case you must comply with the licensed access rules; or
.3
by or on behalf of any other [lay] client, provided that: [conditions]

Question 9

What criteria must you fulfil to be entitled to litigate on behalf of your client?

Answer 9

A litigation extension.

Question 10

To whom may employed barristers provide legal services?

Answer 10

rS32
You may only supply legal services to the following persons:
.1
the BSB entity; or
.2
any employee, director, or company secretary of the BSB entity in a matter arising out of or relating to that person’s employment;
.3
any client of the BSB entity;
.4
if you supply legal services at a Legal Advice Centre, clients of the Legal Advice Centre; or
.5
if you supply legal services free of charge, members of the public.