BSB Statement on Deliberately Failing to Attend Court

Question 1

What will the BSB be guided by when considering barristers deliberately failing to attend court?

Answer 1

its regulatory objective and the impact of any action by a barrister on the interests of clients and the administration of justice

Question 2

Can barristers who are not instructed to appear in hearings able to refuse to work on a particular day?

Answer 2

yes.

Question 3

What must a barrister already instructed in a matter consider?

Answer 3

any duties that are owed to the court r the client before making themselves unavailable.

Question 4

Will refusing to attend court due to a protest be considered a substantial reason under rC26?

Answer 4

No.

Question 5

What must a barrister relying on the consent of a client show?

Answer 5

demonstrate that the client gave consent on a fully informed basis and was made aware of the potential consequences of doing so, which might result in severe harm to the interests of the client.

Question 6

If a barrister is unavailable on a particular day and an ongoing hearing is listed for that day, what must the barrister do?

Answer 6

rC26.3.A - the barrister should make “all reasonable efforts” to avoid the clash. In exceptional circumstances the barrister should consider whether such efforts oblige them to be available to avoid the detriment of the client.

Question 7

What might happen if a barrister deliberately fails to attend a hearing?

Answer 7

they may face regulatory action

Question 8

What will the BSB consider when deciding whether to take action?

Answer 8

all the circumstances, but will have regard to any harm caused by the barristers actions