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
