The work of a barrister Flashcards
The work of a barrister consists of what? [hint 7 main points]
15(a) appearing as an advocate
15(b) preparing to appear as an advocate
15(c) negotiating for a client with an opponent to compromise a case
15(d) representing a client in a mediation or arbitration or other ADR
15(e) acting an mediator or arbitrator
15(f) giving legal advice
15(g) preparing or advising on documents to be used by client or others in the clients case (i.e. settling documents)
r [?] (a) A barrister must be a sole practitioner and must not:- ? [hint 4 main points]
Note not LPA s 220(2)
16(a)(i) practise in partnership with any person
(a)(ii) practise as the employer of any legal practitioner
(a)(iii) practise as an employee of any person
(vi) hold or have any interest in a law practice…(2) does not include a shareholding in an incorporated legal practice which is a listed public company
A barrister MUST NOT do the following work, subject to r 18 or 19,:- [hint 10 main points]
r 17(a) act as persons agent in business dealings
r 17(b) send corro under the barrister name on behalf of any person unless to opponent
r 17 (c) place self at risk of becoming a witness by investigating facts unless (i) conferring with client, instructing solicitor, or witnesses (ii) examining documents provided by client or solicitor (iii) viewing place or thing by arrangement with solicitor (iv) library research
r 17 (e) be address for service or accept any document for service
r 17 (f) serve any process of the court
r 17 (g) conduct a conveyance
r 17 (h) administer a trust estate or fund for any person
r 17 (i) obtain letters of probate for any person
r 17 (j) incorporate companies for any person
r 17 (k) prepare or lodge tax documents unless permitted by legislation
r 17 (l) hold, invest, disburse any fund for any other person
When can barrister perform work listed in r 17? [hint 2 rules]
r 18 without a fee and as a private person (not as a barrister)
r 19 a barrister will not breach r 17(a), r 17(h), r 17(l) if the barrister becomes an agent is appointed to act for such funds as a private person (not as a barrister)
What must a barrister do if asked by any person to perform work as listed in r 17?
r 20 must tell client about rules 15-17 as they apply and if applicable tell them that solicitors are capable of providing that service
Question: You are a barrister with experience in civil litigation. An instructing solicitor is wanting to brief you to settle a statement of claims and claim for a commercial litigation matter, and to appear in the matter in court. The solicitor also explains that he is aware your chambers is actually just down the road from the Respondent’s place of business. The solicitors remarks he has had significant problems with process servers not serving documents correctly and was wondering whether you would be able to serve the filed documents on the Respondent. The solicitor notes the client is agreeable to your daily rate and is really keen to get the matter moving along.
r 15 - The work being offered is settling documents (r 15(g)), and appearing as an advocate (r 15(a)) on a civil matter. This work is permitted by the BCR.
r 21 cab rank rule would apply must accept work given fee is agreed upon, available, and within in experience to do the work etc
r 95 - would need to complete a conflict check to make sure have not acted for other side before etc
r 17(f), r 20 - explain to solicitor can not serve process of the court and that notwithstanding his issues with process servers he will need to engage someone else to do that
