Code of Conduct Practicing Requirements Flashcards
201 - What is a barrister?
For the purposes of this Code a barrister practises as a barrister if:
(a) he supplies legal services and in connection with the supply of such
services:
(i) he holds himself out or allows himself to be held out as a barrister; or
(ii) he exercises a right which he has by reason of being a barrister; or
(b) he acts as a manager of a Recognised Body and as such is required by the rules of that body’s Approved Regulator to hold a practising certificate issued by the Bar Council:
(c) and any reference to the supply of legal services includes an offer to supply such services.
202 - What must a person comply with to be a barrister?
Subject to the provisions of this Code a barrister may practise as a barrister provided that:
(a) he has complied with any applicable training requirements imposed by the Bar Training Regulations which were in force at the date of his Call to the Bar;
(b) he has complied with any applicable requirements of the Continuing Professional Development Regulations;
(c) he has a current practising certificate issued by the Bar Council in accordance with the Practising certificate Regulations;
(d) he has provided in writing to the Bar Council details of the current address(es) with telephone number(s) of the chambers or office from which he supplies legal services and
(i) if he is an employed barrister, the name address telephone number and nature of the business of his employer;
(ii) if he is a manager or employee or owner of a Recognised Body the nature of his role and the name, address, email address, telephone number and name of the Recognised Body and of its Approved Regulator
203.1: when can a barrister exercise rights of audience?
A barrister may exercise any right of audience which he has by reason of being a barrister provided that:
(a) he is entitled to practise as a barrister in accordance with paragraph 202; and
(b) if he is of less than three years’ standing his principal place of practice is either:
(i) a chambers or annexe of chambers which is also the principal place of practice of a qualified person who is readily available to provide guidance to the barrister; or
(ii) an office of an organisation of which an employee, partner, manager or director is a qualified person who is readily available to provide guidance to the barrister.
