Bar Standards Board Code of Conduct

Bar Standards Board

One of the responsibilities of the Bar Standards Board is to maintain the Code of Conduct of the Bar of England and Wales, which provides the rules which all barrister?s must obey. This is currently in its 8th Edition and came into effect on 31st October 2004, although it has been updated several times since then.

The main purpose of the Code is to set out that which is expected of barristers in terms their practices which it does by means of rules and standards of conduct. An up to date version of the Code of Conduct can be found on the Bar Standards Board web site.

The Code of Conduct is divided into eleven sections dealing with issues such as practising requirements, self-employed and employed barristers, acceptance and return of instructions and conduct of work. A key section is Part VII ? Conduct of Work by Practising Barristers, which deals with:

  • how a barrister must perform his or her professional activities,
  • confidentiality,
  • conflicts between lay clients and intermediaries
  • contacts with witnesses
  • conduct in court, and
  • commenting to the media

As well as the Code of Conduct, the Bar Standards Board also produce an Equality and Diversity Code which can also be found on the Bar Standards Board web site. This deals with issues which include:

  • the recruitment of pupils and tenants
  • fair access to work
  • maternity, paternity and parental leave
  • flexible and part-time working
  • harassment, and
  • complaints

In addition to the Code of Conduct and Equality and Diversity Code, the Bar Standards Board also issues guidance on its rules which can also be found on the Bar Standards Board web site and which covers topics such as:

  • Holding out as a barrister
  • Becoming a sole practitioner
  • How Chambers should describe a former member of Chambers who has now become a member of the Judiciary
  • Entertainment of solicitors by barristers
  • The preparation of witness statements, and
  • The extent to which a barrister can limit their indemnity insurance liability

Finally, for those who want to know what effect the Legal Services Act 2007 is going to have upon barristers, and the way this might affect the Code of Conduct, there are a series of questions and answers on the Bar Standards web site.