Code of Conduct Miscellaneous Flashcards
801: What are the requirements of a pupil?
A barrister who is a pupil must:
(a) comply with Part V of the Bar Training Regulations;
(b) apply himself full time to his pupillage save that a pupil may with the permission of his pupil-supervisor or head of chambers take part time work which does not in their opinion materially interfere with his pupillage;
(c) to the extent that paragraph 702 applies to his pupil-supervisor or to any person whom he accompanies to court or whose papers he sees, preserve the confidentiality of the affairs of that person’s client in accordance with paragraph 702.
802: Under what circumstances may a pupil supply legal services and exercise a right of audience?
A barrister who is a pupil may supply legal services as a barrister and exercise a right of audience which he has by reason of being a barrister provided that:
(a) he has completed or been exempted from the non-practising six months of pupillage; and
(b) he has the permission of his pupil-supervisor or head of chambers;
provided that such a barrister may during the non-practising six months of pupillage with the permission of his pupil-supervisor or head of chambers accept a noting brief.
803.1: Is a pupil a member of a chambers?
So long as he is a pupil a self-employed barrister may not become or hold himself out as a member of chambers or permit his name to appear anywhere as such a member.
803.2: Is an employed pupil designated employed?
A barrister who is a pupil of an employed barrister or of a barrister who is a manager or employee of a Recognised Body, who pursuant to Regulation 42 of the Bar Training Regulations spends any period of external training with such a barrister or with a solicitor shall be treated for the purpose of the Code as if he were during that period employed by the barrister’s employer or by the Recognised Body or by the solicitor’s firm as the case may be.
804: What are the requirements of a pupil-supervisor?
A barrister who is a pupil-supervisor must:
(a) comply with Part V of the Bar Training Regulations;
(b) take all reasonable steps to provide his pupil with adequate tuition supervision and experience;
(c) have regard to the pupillage guidelines issued from time to time by the Bar Council and to the Equality Code for the Bar.
805: When must a barrister pay a pupil?
Except where a pupil is in receipt of an award or remuneration which is paid on terms that it is in lieu of payment for any individual item of work, a barrister must pay any pupil (or in the case of an employed barrister ensure that a pupil is paid) for any work done for him which because of its value to him warrants payment.
806: May a barrister supply voluntary or part time legal services?
A barrister may supply legal services at a Legal Advice Centre on a voluntary or part time basis and, if he does so, shall in connection with the supply of those services be treated for the purpose of this Code as if he were employed by the Legal Advice Centre.
807: What duties regarding payment does a barrister employed by a LAC have?
A barrister who is employed by a Legal Advice Centre:
(a) must not in any circumstances receive either directly or indirectly any fee or reward for the supply of any legal services to any client of the Legal Advice Centre other than a salary paid by the LAC;
(b) must ensure that any fees in respect of legal services supplied by him to any client of the LAC accrue and are paid to the LAC
(c) must not have any financial interest in the LAC.
808.1: Can a barrister who is a member of another authorised body practice as a barrister?
A barrister who is a member of another authorised body and currently entitled to practise as such shall not practise as a barrister.
808.2: What must a barrister do if they become entitled to practice as a member of another authorised body?
A barrister who becomes entitled to practise as a member of another authorised body shall forthwith inform the Bar Council and the Inn(s) of Court of which he is a member in writing of that fact.
808.3: When can a barrister practice if they have been found guilty of misconduct, are a subject of continuing disciplinary proceedings, etc?
A barrister who:
(a) has had his name struck off the roll of solicitors or been excluded from membership of an authorised body; or
(b) has at any time been found guilty of any professional misconduct or is the subject of any continuing disciplinary proceedings in relation to his professional conduct as a member of an authorised body; or
(c) has at any time been refused a practising certificate as a solicitor or had his practising certificate suspended or made subject to a condition
shall not practise as a barrister until the PCC has considered his case and, if it decides to refer the case to a Disciplinary Tribunal, until the case is finally determined.
808.4: What must a non-practicing barrister do before supplying legal services?
A barrister who is a member of another authorised body and currently entitled to practise as a member of that body shall not be deemed to be practising as a barrister if he holds himself out as a barrister provided that before supplying legal services to any person or employer, and when first dealing with any third party in the course of supplying legal services, he informs them fully and comprehensibly in writing
(a) of his status and the fact that he does not hold a practising certificate under this Code,
(b) of the relevant limitations under this Code on the legal services he may undertake,
(c) that he is not fully regulated by the Bar Council, and
(d) of the absence of available compensatory powers for any inadequate professional services he may render.
809: When can a foreign barrister practice and what are the requirements regarding insurance?
A barrister called to the Bar under Part IV(E) of the Bar Training Regulations (temporary membership of the Bar) may not practise as a barrister other than to conduct the case or cases specified in the certificate referred to in Regulation 39.
They must either be insured with BMIF or be covered by insurance against claims for professional negligence arising out of the supply of his services in England and Wales in such amount and upon such terms as are currently required by the Bar Council and have delivered to the Bar Council a copy of the current insurance policy or the current certificate of insurance issued by the insurer
