BSB Handbook Part 3 Flashcards
To whom does section 3.B apply?
What does section 3.B explain?
all BSB regulated persons and unregistered barristers
- different capacities within which you may work if you are authorised and any limitations on the scope of your practice
- further requirements which you must follow if you intend to work in more than one capacity
To whom does section 3.C apply?
What does section 3.C set out?
What does this do?
barristers and registered European Lawyers
Sets our the basis on which the applicant may apply for a practising certificate.
Entitles them to practice in England and Wales
To whom does section 3.D apply?
What does section 3.D provide?
What does this do?
According to which provision?
European Lawyers
Provides details about how to apply to become a Registered European Lawyer in England and Wales
Entitle them to apply for a practicing certificate according to the provisions of 3.C
To whom does section 3.E apply?
What does section 3.E set out?
All entities wishing to be regulated by the BSB
the basis upon which entities may be:
- authorised to practice as a BSB authorised body or
- licensed to practice as a BSB authorised body
To whom does section 3.F apply?
What does section 3.F contain?
All BSB entities
It contains the continuing compliance requirements which apply to the BSB entities
you must not carry…
on any reserved legal activity or practice as a barrister unless you are authorised to do so
TRUE OR FALSE: you must not carry on any reserved legal activity or practice as a barrister unless you are authorised to do so
True
When may you
a. not practice as a barrister or a registered European Lawyer, or a BSB entity
b. not be authorised by the BSB to carry on any reserved legal activity?
- if you are an individual and do not have a practicing certificate
- if you are an entity and you have not been authorised or licensed to provide reserved legal activities in accordance with section F
What happens to people who fall into the following categories:
a. an individual who does not have a practicing certificate
b. an entity who are not authorised or licensed to provide reserved legal activities in accordance with section F
They may
- not practice as a barrister or a registered European Lawyer, or a BSB entity
- not be authorised by the BSB to carry on any reserved legal activity?
You practise as a barrister or a registered European lawyer, or BSB entity if you are supplying legal services and…
Which rule?
rS9
…
- you are an individual and you hold a practicing license
- you hold yourself out as a barrister or a registered European lawyer
- you are an entity and you have been authorised or licensed to provide reserved legal activities in accordance with section 3.E
- you act as a manager or have ownership interest in an authorised (non-BSB) body and you are required to hold a practicing certificate issued by the BSB
Which considerations must you meet to be considered a practicing barrister or a registered European lawyer or BSB entity?
Which rule?
rS9
- You are supplying legal services
- you are an individual and you hold a practicing license
- you hold yourself out as a barrister or a registered European lawyer
- you are an entity and you have been authorised or licensed to provide reserved legal activities in accordance with section 3.E
- you act as a manager or have ownership interest in an authorised (non-BSB) body and you are required to hold a practicing certificate issued by the BSB
What is the main considerations to be considered a practicing barrister or a registered European lawyer or BSB entity?
if you are supplying legal services
In which capacity may you carry on reserved legal activity or supply other legal services?
Which rule?
rS16
- Self-employed barrister
- BSB entity
- Manager of BSB entity or employed barrister
- Manager of authorised (non-BSB) entity / employed barrister authorised (non-BSB) entity
- Registered European lawyer
Who is able to carry on reserved legal activity or supply other legal services?
Which rule?
rs16
- Self-employed barrister
- BSB entity
- Manager of BSB entity or employed barrister
- Manager of authorised (non-BSB) entity / employed barrister authorised (non-BSB) entity
- Registered European lawyer
True or false a pupil with a provisional practicing license may supply legal services to the public or exercise any right by reason of being a barrister? Why?
Which rule?
rS19
True but only with the permission of pupil supervisor or head of chambers, HOLP
What does a pupil with a provisional practicing license need before they can supply legal services to the public or exercise any right by reason of being a barrister?
Which rule?
rS19
Permission of either
- Pupil supervisor
- Head of Chambers
- HOLP
Who may give permission for a pupil barrister with a provisional license to supply legal services to the public or exercise any right by reason of being a barrister?
Which rule?
rS19
- Pupil supervisor
- Head of Chambers
- HOLP
TRUE OR FALSE: All a pupil barrister needs to be able to supply legal services to the public or exercise any right by reason of being a barrister is permission?
FALSE. Also need a provisional practicing license
TRUE OR FALSE: All a pupil barrister needs to be able to supply legal services to the public or exercise any right by reason of being a barrister is a provisional practicing license?
which rule?
rS19
FALSE. Need permission from either:
- Pupil supervisor
- Head of Chambers
- HOLP
What does a pupil barrister need to be able to supply legal services to the public or exercise any right by reason of being a barrister is a provisional practicing license?
which rule?
rS19
- a provisional practicing license
- Permission from either:
a. Pupil supervisor
b. Head of Chambers
c. HOLP
When is a Barrister of less than 3 years standing be able to supply legal services/ and conduct litigation?
if the principle place of practice is either:
a chambers / annex of chambers
or an office of an organisation of which an employee, partner, manager or director
is a relevant qualified person who is readily available to provide guidance
When is a person considered to be a qualified person?
which rule?
rS22.1
- have been entitled to practise and have practiced as a barrister ; or
- have been authorised by an approved regulator for a period of at least 6 years in the previous 8
3A. for the previous two years have made it primary occupation; and
B. are not acting as a qualified person for more than two other people
C. has not been deemed unsuitable by BSB
When is a barrister who is exercising right of audience in England and Wales be considered a qualified person?
which rule?
rS22.2
- have been entitled to practise and have practiced as a barrister ; or
- have been authorised by an approved regulator for a period of at least 6 years in the previous 8
- for the previous two years
A. have made it primary occupation; and
B. have been entitled to exercise right of audience before every court in relation to all proceedings
C. are not acting as a qualified person for more than two other people
D. has not been deemed unsuitable by BSB
When is a barrister who is exercising right to conduct litigation in England and Wales be considered a qualified person?
which rule?
rS22.3
- have been entitled to practise and have practiced as a barrister ; or
- have been authorised by an approved regulator for a period of at least 6 years in the previous 8
- for the previous two years
A. have made it primary occupation; and
B. have been entitled to conduct litigation before every court in relation to all proceedings
C. are not acting as a qualified person for more than two other people
D. has not been deemed unsuitable by BSB
TRUE OR FALSE: A person can supply legal services if appointed or instructed?
True
Who can appoint or instruct someone to supply legal services?
- the Court
- professional client
- licensed access client (must comply with licensed access rules)
- any client providing that
A. the matter is public access instructions and
- you are entitled to provide public access work
- you have notified BSB that you are willing to accept lay client(s)
B. the matter relates to the conduct of litigation and
- you have litigation extension to your practising certificate
- you have notified BSB that you are willing to accept lay client(s)
What must you do if you are instructed by a Foreign Lawyer?
- advise on any limitations on the services you can provide
What must you do if you are unable to provide the service for the Foreign lawyer?
advise the lawyer to take appropriate steps to instruct a person authorised.
and if requested, assist the foreign lawyer to do so
What must you do if it seems that a Foreign lawyer whom you have advised to take reasonable steps is not doing so?
under which rule(s)?
consider returning instructions under rS25 and rS26
What is rS25?
Are there any exceptions?
You must not undertake the management, administration or general conduct of a client’s affairs
YES, rS26
What is rs26?
exception to rS25
can undertake the management, administration or general conduct of a client’s affairs where the work is foreign and performed outside England and Wales, which you joined primarily for the purpose of carrying out foreign work
What must you do if it seems that a Foreign lawyer whom you have advised to take reasonable steps is not doing so?
under which rule(s)?
What do the rules say?
consider returning instructions under rS25 and rS26
rS25
You must not undertake the management, administration or general conduct of a client’s affairs
rS26can undertake the management, administration or general conduct of a client’s affairs where the work is foreign and performed outside England and Wales, which you joined primarily for the purpose of carrying out foreign work
What is rS25?
Are there any exceptions?
What (IF ANY) is the exception?
You must not undertake the management, administration or general conduct of a client’s affairs
YES, rS26
Foreign work
TRUE OR FALSE: references to ‘client’ include Foreign lawyers?
TRUE
Who can a manager of a BSB entity or an employed barrister (BSB) supply legal services to?
which rule is this?
rS32
- the BSB entity
- employee/director of the BSB entity (in-relation to that person’s employment)
- Any clients of BSB entity
- Clients of Legal Advice Centre (if you supply services there)
- Members of the public (if you provide pro bono work)
Who can a manager of an authorised non-BSB entity or an employed barrister (non-BSB) supply legal services to?
which rule is this?
rS36
- the authorised (non-BSB) body
- employee/director of the authorised (non-BSB entity) (in-relation to that person’s employment)
- Any clients of authorised (non-BSB) entity
- Clients of Legal Advice Centre (if you supply services there)
- Members of the public (if you provide pro bono work)
Who can an employed barrister of a non-authorised body supply legal services to?
which rule is this?
rS39
What must you do when you are a manager/employed barrister of an authorised non-BSB entity?
Must comply with the rules of the Approved Regulator or licensing authority of the authorised (non-BSB) body
Where must the place of practice for an employed barrister (non-authorised body) required to be if they are of less than one year’s standing?
An office of an organisation which an employee, partner, manager or director is a relevant qualified person who is readily available to provide guidance to you
Who can an employed barrister of a non-authorised body supply legal services to?
which rule?
rS39
- Employer
- employee/director of the employer (in-relation to that person’s employment)
- If employer = public authority = another public authority on behalf of your employer
- Clients of Legal Advice Centre (if you supply services there)
- Members of the public (if you provide pro bono work)
etc.
when must you not have any financial interest in the Legal Advice Centre?
Which rule?
if you supply legal services there
rS42.3
TRUE OR FALSE: you must always inform BSB when you are working for a Legal Advice Centre even if you are a self-employed barrister?
False. Self-employed barristers do not need to inform the BSB
