BSB Handbook Part 1 A-D

Question 1

Preliminary Matters – Part A of the Handbook List of Rules

Answer 1

I1, I2, I5, I6, rI7

Question 2

The Bar Standards Board (“BSB) is the specialist regulator focussing on what?

Answer 2

I1 - The Bar Standards Board (“BSB) is the specialist regulator focussing on the regulation of ADVOCACY, LITIGATION AND LEGAL ADVISORY SERVICES.

Question 3

The BSB regulates what?

Answer 3

ADVOCACY, LITIGATION AND LEGAL ADVISORY SERVICES.

Question 4

The Regulatory Objectives of the BSB include (but are not limited to):

Answer 4

I2

(i) Protecting and promoting the PUBLIC INTEREST;
(ii) Supporting the RULE OF LAW;
(iii) Improving ACCESS TO JUSTICE;
(iv) Encouraging an INDEPENDENT, STRONG, DIVERSE and EFFECTIVE LEGAL PROFESSION.

Question 5

What does the BSB Handbook do?

Answer 5

I5 - The BSB Handbook (“the Handbook”) sets out THE STANDARDS that the BSB requires the people it regulates to comply with.

Question 6

What does the Handbook consist of?

Answer 6

I6 - The Handbook consists of the 10 Core Duties (CDs), Outcomes, Rules and Guidance.

Question 7

What are the Core Duties?

Answer 7

(i) These are the MANDATORY STANDARDS that all barristers are required to meet;
(ii) They define the core elements of PROFESSIONAL CONDUCT;
(iii) Disciplinary proceedings may be brought against a barrister where the BSB believes there has been a breach of the Core Duties.

Question 8

The Rules?

Answer 8

(i) These supplement the Core Duties and MUST be followed.
(ii) Again, disciplinary proceedings may be brought by the BSB where it believes that a barrister has breached the Rules.
(iii) The rules are not exhaustive. Therefore in any situation where no specific rule applies, reference should be made to the Core Duties.

Question 9

What is the guidance?

Answer 9

(i) Assists in the interpretation of the Core Duties or Rules.
(ii) Provides examples of the types of conduct or behaviour that the Rules are intended to encourage; or, conversely, which may constitute non-compliance with the Rule or Core Duty;
(iii) To explain how a Rule or Core Duty applies to a particular person and how that particular person could comply with the Rule or CD (e.g. employed barristers or unregistered barristers)

Question 10

Application of the Handbook

Answer 10

rI7

The Handbook applies to (but is not limited to):

(i) Barristers who hold a practising certificate;
(ii) Pupils;

(iii) Unregistered barristers: i.e. all other barristers who do not hold a practising certificate but have been called to the Bar by one of the Inns and have not ceased to be a member of the Bar;
(iv) Individuals who are authorised to provide reserved legal activities by an Approved Regulator (e.g. the Law Society or CILEX) where employed by a BSB authorised person
(1) The definition of reserved legal activities includes:

[a] exercising rights of audience
[b] conducting litigation
[c] probate activities
[d] notarial activities
[e] administration of oaths
[f] reserved instrument activities
[g] In respect of the Bar Training Rules, BPTC students.

For the full list see Part 1 – B of the Handbook