Your right to practise as a barrister

Question 1

Find the section of the handbook covering unregistered barristers

Answer 1

Part 2, D4.

Question 2

Recall what the section of the handbook covering unregistered barristers covers.

Answer 2

What you have to explain to an inexperienced client when providing legal services as an unregistered barrister. Outcome C34.

Question 3

Find the other rules relating to unregistered barristers.

Answer 3

rC19 and associated guidance 57, 60, 62 (about not misleading); Part 3, B1 (reserved legal activities)

Question 4

Term ‘non-practising barrister’

Answer 4

No longer used because it can cause confusion.

Question 5

Barrister without a practising certificate providing legal services which are reserved legal activities.

Answer 5

Criminal offence

Question 6

Applies to unregistered barristers at all times.

Answer 6

Core Duties 5 and 9 and certain rules. The other Core Duties apply when supplying legal services, as do certain other rules.

Question 7

Rules which apply to unregistered barristers at all times.

Answer 7

rC8 – Your duty not to do anything which could be seen to undermine your honesty, integrity and independence rC16 - Your duty to your client is subject to your duty to the court, and your obligations to act with honesty and integrity, and to maintain your independence.
rC64-70 - Duties in relation to provision of information to the BSB and co-operation with the BSB. These duties include the duty to report serious misconduct by other barristers.

Question 8

Rules which apply to unregistered barristers when supplying legal services.

Answer 8

rC4 and rC5 - Your duty to your client is subject to your duty to the court , and your duty to the court does not require you to breach your duty to keep the affairs of your client confidential
rC19 – Not misleading clients. For unregistered barristers, this means not holding out or misleading about the extent to which you are regulated, your status, the services you can supply, and your insurance cover.
rC144 and 145 - Rules relating to information which unregistered barristers must give to inexperienced clients

Question 9

Why is tribunal work permitted

Answer 9

Advocacy is not a reserved legal activity unless it involves the exercise of a right of audience.

Question 10

As well as reserved legal activities, what else must unregistered barristers not do.

Answer 10

Unregistered barristers must also not provide immigration advice and services unless authorised by OISC (although not a reserved legal activity)

Question 11

Rule that says you must not practise as a barrister without a practising cert.

Answer 11

Rule S8.

Question 12

What constitutes practising as a barrister?

Answer 12

Rule S9 defines practising as holding yourself as a barrister whilst performing legal services (NB only applies to legal services; can describe yourself as a barrister in relation to other things e.g. teaching, but must be careful not to mislead third parties to whom you provide legal services)

Question 13

Circumstances amounting to holding yourself out as a barrister.

Answer 13

• Describing oneself as a barrister in any printed material used in connection with the provision of legal services: in particular on advertising or publicity, on a card or letterhead, or on premises. Should also make sure your employer doesn’t do this
• Describing oneself as a barrister to clients or prospective clients
• Describing oneself as a non-practising barrister or barrister-at-law to clients or prospective clients
• Indicating to opposing parties or representatives (e.g. in correspondence) that one is a barrister
• Describing oneself as a barrister or (when supplying services to the public) as “counsel”, wearing robes, or sitting in a place reserved for counsel, in court
• Using other descriptions in connection with supplying, or offering to supply, legal services which imply that the individual is a barrister (e.g. membership of an Inn of Court)

Question 14

What is not holding out?

Answer 14

Describing you are a BVS graduate is not holding yourself out as a barrister. Can say you qualified as a barrister on your CV. ‘Lawyer’ or ‘legal advisor’ is fine, ‘counsel’ not fine if self-employed but okay if it’s your employed job title

Question 15

When can you use the term ‘unregistered barrister’?

Answer 15

If you provide legal services only to your employer, fine but should explain what this means. If you work for a regulated professional body and provide services to clients, fine with employer and colleagues but not clients. If they ask, can say you’re unregistered and explain what it means. Fine if self-employed and your clients are experienced business clients, but should explain what it means along the same lines as rC144. If inexperienced clients, rC144 applies to you (things you have to explain to them). Same if working for FRU.

Question 16

Noting brief

Answer 16

Pupils can accept a noting brief with permission from head of chambers or supervisor. Can call self a pupil barrister. Should not call yourself a pupil barrister if working for FRU.

Question 17

Calling yourself a pupil barrister

Answer 17

You can call yourself a pupil barrister when you have a provisional practising cert and carry out reserved legal activities. Make sure your client understands that status.