Barrister Rules 3-16 Flashcards
What are the objects of the BR?
rule 3 states that the object of the BR is to ensure
(a) B’s act in accordance with the general principles of professional conduct
(b) act independently
(c) recognise and discharge their obligations in relation to the admin of justice and
(d) provide services to the highest standard unaffected by personal interest.
What are the principles of the BR?
rule 4 states that the principles of the BR are made in the belief that
(a) B’s owe their paramount duty to the admin of justice
(b) B’s must maintain high standards of PC
(c) B’s are specialist advocates in the admin of justice, must act honestly, fairly, skilfully and bravely with competence and diligence
(d) B’s owe their duties to the courts, to their clients and barrister and solicitor colleagues
(e) B’s should exercise their forensic judgments and advice independently and for the proper admin of justice, notwithstanding any contrary desires of their clients and
(f) the provision of advocates for those who need legal representation is better secured if there is a bar whose members:
(i) must accept briefs regardless of their personal beliefs
(ii) must not refuse briefs to appear except on proper professional grounds and
(iii) compete as specialist advocates with each other and with other legal practitioners as widely and as often as possible
What are the General Advocacy rules of the BR?
rule 8 states that a barrister must not engage in conduct that is
(a)dishonest or otherwise discreditable
(b) prejudicial to the admin of justice
(c) prejudices a B’s ability to attend properly to the interests of the B’s clients.
Can a B use his professional qualification?
rules 10 states that a B must not use his professional qualification as a barrister for the advancement of any other occupation or activity in which he or she is directly or indirectly engaged, or for private advantage unless the use is usual or reasonable in the circumstances.
What is the work of a barrister?
rule 11
appearing as an advocate
prepping to appear as an advocate
negotiating for a client to compromise a case
representing a client mediation/arbitration or other method of ADR
giving legal advice
preparing or advising on documents to be used by a client or by others in relation to the client’s case or affairs
carrying out work that is incidental to a-f and other such work that is carried out from time to time by B’s
Is a Barrister a sole practitioner?
Yes, rule 12 states that a barrister must be a sole practitioner and must not
(a) practise in partnership with any person
(b) practise as the employer of any legal practitioner who act as a legal practitioner in the course of that employment
(c) practise as the employee of any person
(d) be the director of an incorporated legal practice, or
(e) practise through an unincorporated legal practice
Can a barrister perform the work of a solicitor?
Rules 13 states that no, subject to rules 14 and 15 a barrister must not
-act as a general attorney or agent
-conduct correspondence in B’s name on behalf of any person otherwise than with the opponent
-place herself at risk of becoming a witness by investigating facts ( other than conferring with the client/soli/witnesses or experts/examining docs/viewing a place or things with instructing soli and client or library research
- act as a person’s only rep
-be the address of service
-commence proceedings
-conduct conveyance
-administer trust and estate
-obtain probate or letters of admin
-incorporate companies
-prepare or lodge tax returns
-hold invest disburse funds to any other person.
Can a Barrister do the work of a solicitor without a fee?
Yes, rule 14 states, a barrister will not breach rule 13 if in doing any of the matters referred to he is doing so as a private person and without a fee.
Will a Barrister breach rule 13 if he acts as an agent?
No, Rule 15 states that a Barrister will not breach rule 13 (a)(h) or (l), if the barrister becomes such an agent, is appointed to act or becomes responsible for such funds as a private person and not as a barrister or legal practitioner.
What must a barrister do if he is asked to conduct work that is not that of a barrister?
rule 16 states that a barrister must promptly inform that person of the
(a) effect of rules 11, 12, 13 and of how they may apply relevantly in the circumstances, and
(b) that, if it be the case, solicitors are capable of providing those services to that person.
