BSB Ethics Guidance Notes
Unregistered barristers
= those w/o practising certificates
Regulation?
● Still expected to conduct themselves in an appropriate manner as members of
the profession - certain CDs and CRs apply to unreg barristers
⮚ CD 5 and 9 apply at all times
▪ Diminishing trust/confidence
▪ Open and cooperative with regulators
⮚ CRs that apply at all times
▪ Honesty, integrity and independence cannot be undermined
▪ Duty to client is subject to duty to court, obligation to act with
honesty and integrity and to maintain independence
▪ Duties re BSB cooperation – c64-70
● Criminal offence for unreg barrister to provide reserved legal activities under
the Legal Services Act 2007
⮚ Remember advocacy is not a reserved legal activity unless involves
rights of audience
⮚ Remember legal advice is not a reserved legal activity
⮚ Also cannot provide immigration advice/services – regulated under
another statute (unless authorised to do so by Office of the Immigration
Services Commissioner)
● Can offer legal services - but must comply with all CDs and some CRs
whilst doing so
⮚ CRs they must comply with:
▪ Duty to client is subject to duty to the court
▪ Duty to court does not require you to breach client confidentiality
▪ Not misleading clients
▪ Rules re information that unreg barristers must give to
inexperienced clients – c144-145 (unless working for legal advice
centre/you are authorised by another approved regulator
● Need to say (and client must confirm receipt in writing)
o You are not acting as a barrister
o You are not subject to certain CRs
o You do not have prof indemnity insurance
o They have no right to complain to LO
⮚ Legal services = legal advice, representation, drafting, settling any
statement of case, witness statement or affidavit
, ▪ Does NOT include:
- Sitting as a judge/arbitrator etc
- ENE/ expert determination/adjudications
- Lecturing/teaching law
- Editing law books/articles/reports
- Examining newspapers, periodicals, books for libel/breach of
copyright/contempt of court
- Communicating to media/press
- Giving advice on legal matters free to a friend/relative
- Acting as an unpaid or honorary legal adviser to charity
- Giving trustees/governors of an organisation a legal opinion
whilst also as a non exec director
● Cannot hold themselves out as a barrister while providing legal services –
⮚ i.e. cannot
▪ use the title barrister/ counsel
▪ cannot describe oneself to clients or prospective clients as a non
practising barrister/ barrister at law
▪ cannot wear robes
⮚ but can…
▪ say you have done the BPTC/BVC
▪ say that you are a barrister if you have been called to the bar and
are not supplying legal services
▪ use title: lawyer/ legal adviser
▪ use title: ‘legal counsel’/ ‘general counsel’ – if you provide inhouse
legal assistance
▪ use title: ‘counsel’ if you work for an employer which is an
authorised person under the LSA
▪ on your CV – CAN state that you qualified as a barrister / that you
have been called to the Bar
▪ if you are a QC w/o a practising certificate you can continue to use
the title but if providing legal services must make clear you are not
practising as a barrister
● pupils in their first six (w/o practising certificate)
⮚ cannot supply legal services as a practising barrister
⮚ can accept a noting brief with permission of your pupil supervisor/ head of
chambers – can describe yourself as a pupil barrister
⮚ can provide unreserved legal services you must act as an unregistered
barrister and should not describe yourself as a barrister or pupil barrister
● pupils in second six (with prov practising certificate)
⮚ can provide legal services in accordance with rule S19
⮚ can describe yourself as a pupil barrister
,Equality Rules
● protected characteristics
o race
o sex
o pregnancy and maternity
o disability
▪ Disability gives rise too duty to make reasonable adjustments
⮚ need a reasonable adjustments policy
⮚ needs to make clear on website that they will make
reasonable adjustments and name person to liaise with
⮚ the cost of these adjustments should fall on chambers, not
the client
⮚ more is expected of large organisations
o sexual orientation
o marriage/civil partnership
o religion/belief
▪ Religion/belief includes philosophical beliefs e.g. humanism or
pacifism or lack of religion/belief
o Age
▪ Does not cover under 18s in terms of service delivery
o gender reassignment
● EA 2010 applies to the Bar in relation to employment and service delivery
o E.g. offering pupillage/terms/ access to opportunities
o E.g. termination/harassment/victimisation of pupils and barristers
o E.g. cannot refuse a service/ give differing standards/quality/terms/manner
of service on account of protected characteristics
▪ Including pro bono
● Prohibited conduct
o Direct discrim = treating someone less favourably bc of a protected
characteristic
▪ Apart from some age discrim, cannot be justified
, o Discrim arising from disability = treating that person unfavourably because
of something arising in consequence of disability and it
o Indirect discrim = apparently neutral PCP has/would have
disadvantageous impact on a group and it cannot be shown that the
treatment is proportionate means of achieving a legit aim
o Harassment =
▪ unwanted conduct in relation to a protected characteristic –
violating dignity/ having the effect or purpose of violating a person’s
dignity
▪ can include single incident if sufficiently serious
▪ motive/intention of perpetrator may be but is not necessarily
relevant
▪ something that constitutes harassment to one person, may not
constitute harassment to another
o victimisation =
▪ subjecting a person to a detriment because of a protected act which
includes
⮚ giving evidence
⮚ bringing proceedings
⮚ making allegations of discrimination
● equality policy and action plan
▪ no legal requirement for a policy/action plan but
⮚ rC110(1) and (2) requires that all self-employed barristers
take reasonable steps to ensure that there is a policy and
plan
⮚ rC110(3)(e) chambers must review their policy and take
appropriate remedial action
▪ equality action should be SMART
⮚ specific
⮚ measurable
⮚ affordable
⮚ realistic
⮚ timely
▪ action plans should include:
⮚ the action
⮚ the name of the person who will take it
⮚ the deadline
⮚ any updates
● Equality and Diversity Officer
▪ No legal requirement for chambers to appoint an officer but
⮚ rC110(3)(a) requires that a self employed barrister must take
reasonable steps to ensure that there is one
▪ they should be senior, trained
Unregistered barristers
= those w/o practising certificates
Regulation?
● Still expected to conduct themselves in an appropriate manner as members of
the profession - certain CDs and CRs apply to unreg barristers
⮚ CD 5 and 9 apply at all times
▪ Diminishing trust/confidence
▪ Open and cooperative with regulators
⮚ CRs that apply at all times
▪ Honesty, integrity and independence cannot be undermined
▪ Duty to client is subject to duty to court, obligation to act with
honesty and integrity and to maintain independence
▪ Duties re BSB cooperation – c64-70
● Criminal offence for unreg barrister to provide reserved legal activities under
the Legal Services Act 2007
⮚ Remember advocacy is not a reserved legal activity unless involves
rights of audience
⮚ Remember legal advice is not a reserved legal activity
⮚ Also cannot provide immigration advice/services – regulated under
another statute (unless authorised to do so by Office of the Immigration
Services Commissioner)
● Can offer legal services - but must comply with all CDs and some CRs
whilst doing so
⮚ CRs they must comply with:
▪ Duty to client is subject to duty to the court
▪ Duty to court does not require you to breach client confidentiality
▪ Not misleading clients
▪ Rules re information that unreg barristers must give to
inexperienced clients – c144-145 (unless working for legal advice
centre/you are authorised by another approved regulator
● Need to say (and client must confirm receipt in writing)
o You are not acting as a barrister
o You are not subject to certain CRs
o You do not have prof indemnity insurance
o They have no right to complain to LO
⮚ Legal services = legal advice, representation, drafting, settling any
statement of case, witness statement or affidavit
, ▪ Does NOT include:
- Sitting as a judge/arbitrator etc
- ENE/ expert determination/adjudications
- Lecturing/teaching law
- Editing law books/articles/reports
- Examining newspapers, periodicals, books for libel/breach of
copyright/contempt of court
- Communicating to media/press
- Giving advice on legal matters free to a friend/relative
- Acting as an unpaid or honorary legal adviser to charity
- Giving trustees/governors of an organisation a legal opinion
whilst also as a non exec director
● Cannot hold themselves out as a barrister while providing legal services –
⮚ i.e. cannot
▪ use the title barrister/ counsel
▪ cannot describe oneself to clients or prospective clients as a non
practising barrister/ barrister at law
▪ cannot wear robes
⮚ but can…
▪ say you have done the BPTC/BVC
▪ say that you are a barrister if you have been called to the bar and
are not supplying legal services
▪ use title: lawyer/ legal adviser
▪ use title: ‘legal counsel’/ ‘general counsel’ – if you provide inhouse
legal assistance
▪ use title: ‘counsel’ if you work for an employer which is an
authorised person under the LSA
▪ on your CV – CAN state that you qualified as a barrister / that you
have been called to the Bar
▪ if you are a QC w/o a practising certificate you can continue to use
the title but if providing legal services must make clear you are not
practising as a barrister
● pupils in their first six (w/o practising certificate)
⮚ cannot supply legal services as a practising barrister
⮚ can accept a noting brief with permission of your pupil supervisor/ head of
chambers – can describe yourself as a pupil barrister
⮚ can provide unreserved legal services you must act as an unregistered
barrister and should not describe yourself as a barrister or pupil barrister
● pupils in second six (with prov practising certificate)
⮚ can provide legal services in accordance with rule S19
⮚ can describe yourself as a pupil barrister
,Equality Rules
● protected characteristics
o race
o sex
o pregnancy and maternity
o disability
▪ Disability gives rise too duty to make reasonable adjustments
⮚ need a reasonable adjustments policy
⮚ needs to make clear on website that they will make
reasonable adjustments and name person to liaise with
⮚ the cost of these adjustments should fall on chambers, not
the client
⮚ more is expected of large organisations
o sexual orientation
o marriage/civil partnership
o religion/belief
▪ Religion/belief includes philosophical beliefs e.g. humanism or
pacifism or lack of religion/belief
o Age
▪ Does not cover under 18s in terms of service delivery
o gender reassignment
● EA 2010 applies to the Bar in relation to employment and service delivery
o E.g. offering pupillage/terms/ access to opportunities
o E.g. termination/harassment/victimisation of pupils and barristers
o E.g. cannot refuse a service/ give differing standards/quality/terms/manner
of service on account of protected characteristics
▪ Including pro bono
● Prohibited conduct
o Direct discrim = treating someone less favourably bc of a protected
characteristic
▪ Apart from some age discrim, cannot be justified
, o Discrim arising from disability = treating that person unfavourably because
of something arising in consequence of disability and it
o Indirect discrim = apparently neutral PCP has/would have
disadvantageous impact on a group and it cannot be shown that the
treatment is proportionate means of achieving a legit aim
o Harassment =
▪ unwanted conduct in relation to a protected characteristic –
violating dignity/ having the effect or purpose of violating a person’s
dignity
▪ can include single incident if sufficiently serious
▪ motive/intention of perpetrator may be but is not necessarily
relevant
▪ something that constitutes harassment to one person, may not
constitute harassment to another
o victimisation =
▪ subjecting a person to a detriment because of a protected act which
includes
⮚ giving evidence
⮚ bringing proceedings
⮚ making allegations of discrimination
● equality policy and action plan
▪ no legal requirement for a policy/action plan but
⮚ rC110(1) and (2) requires that all self-employed barristers
take reasonable steps to ensure that there is a policy and
plan
⮚ rC110(3)(e) chambers must review their policy and take
appropriate remedial action
▪ equality action should be SMART
⮚ specific
⮚ measurable
⮚ affordable
⮚ realistic
⮚ timely
▪ action plans should include:
⮚ the action
⮚ the name of the person who will take it
⮚ the deadline
⮚ any updates
● Equality and Diversity Officer
▪ No legal requirement for chambers to appoint an officer but
⮚ rC110(3)(a) requires that a self employed barrister must take
reasonable steps to ensure that there is one
▪ they should be senior, trained
