Code of Conduct Employed Barristers Flashcards
501(a): Who can an employed barrister provide legal services to within their employer?
An employed barrister whilst acting in the course of his employment may supply legal services to his employer and to any of the following persons:
(a) any employee, director or company secretary of the employer in a matter arising out of or relating to that person’s employment;
501(b): Who can an employed barrister supply legal services to where the employer is a public authority?
An employed barrister whilst acting in the course of his employment may supply legal services to his employer and to any of the following persons:
(b) where the employer is a public authority (including the Crown or a Government department or agency or a local authority):
(i) another public authority on behalf of which the employer has made arrangements under statute or otherwise to supply any legal services or to perform any of that other public authority’s functions as agent or otherwise;
(ii) in the case of a barrister employed by or in a Government department or agency, any Minister or officer of the Crown;
501(c) and (d): Who can an employed barrister supply legal services to if he is a justices’ clerk or is employed by a trade association?
An employed barrister whilst acting in the course of his employment may supply legal services to his employer and to any of the following persons:
(c) where the barrister is or is performing the functions of a justices’ clerk, the justices whom he serves;
(d) where the barrister is employed by a trade association, any individual member of the association.
502: Besides those mentioned in 501, who can an employed barrister supply legal services to?
An employed barrister may supply legal services only to the persons referred to in paragraph 501 and must not supply legal services to any other person save that whilst acting in the course of his employment:
(a) a barrister employed by the Legal Services Commission may supply legal services to members of the public;
(b) a barrister employed by or at a Legal Advice Centre may supply legal services to clients of the Legal Advice Centre;
(c) any employed barrister may supply legal services to members of the public free of charge (to any person).
503: When can a barrister be treated as employed?
A barrister employed to supply legal services under a contract for services may be treated as an employed barrister for the purpose of this Code provided that the contract is:
(a) in writing;
(b) (subject to any provision for earlier termination on notice) for a determinate period;
(c) not a contract with a Recognised Body.
504: What rights of regarding litigation conduct does an employed barrister have?
An employed barrister shall have a right to conduct litigation in relation to every Court and all proceedings before any Court and may exercise that right provided that he complies with the Employed Barristers (Conduct of Litigation) Rules
505: What is an employed barristers duty regarding client assets?
An employed barrister must not receive or handle client money securities or other assets other than by receiving payment of remuneration or where the money or other asset belongs to his employer
506: What right regarding litigation conduct does barrister who is employed by a Recognised body have?
A barrister who is a manager of or employed by a Recognised Body shall have a right to conduct litigation in relation to every Court and to all proceedings before a Court and may exercise that right provided that the barrister complies with the Employed Barristers (Conduct of Litigation) Rules and with the rules of the Approved Regulator of the Recognised Body.
507: What is an employed barristers duty regarding client assets if he works for a Recognised Body?
A barrister who is employed by a Recognised Body but is not a manager of that body must not receive or handle client money securities or other assets
other than by receiving payment of remuneration or where the money or other asset belongs to that body.
