Barrister work/not barrister work Flashcards
(8 cards)
- Another vocation
A barrister must not engage in another vocation which:
(a) is liable to adversely affect the reputation of the legal profession or the barrister’s own reputation,
(b) is likely to impair or conflict with the barrister’s duties to clients, or
(c) prejudices a barrister’s ability to attend properly to the interests of the barrister’s clients.
- Using position of B to advance other
A barrister must not use or permit the use of the professional qualification as a barrister for the advancement of any other occupation or activity in which he or she is directly or indirectly engaged, or for private advantage, unless that use is usual or reasonable in the circumstances.
- What is B work
Barristers’ work consists of:
(a) appearing as an advocate,
(b) preparing to appear as an advocate,
(c) negotiating for a client with an opponent to compromise a case,
(d) representing a client in or conducting a mediation or arbitration or other method of alternative dispute resolution,
(e) giving legal advice,
(f) preparing or advising on documents to be used by a client or by others in relation to the client’s case or other affairs,
(g) carrying out work properly incidental to the kinds of work referred to in (a)–(f), and
(h) such other work as is from time to time commonly carried out by barristers.
- Sole practitioner (r 113 devil exception)
A barrister must be a sole practitioner, and must not:
(a) practise in partnership with any person,
(b) practise as the employer of any legal practitioner who acts as a legal practitioner in the course of that employment,
(c) practise as the employee of any person,
(d) be a director of an incorporated legal practice, or
(e) practise by or through an unincorporated legal practice.
- What is not B work
A barrister must not, subject to rules 14 and 15:
(a) act as a person’s general agent or attorney in that person’s business or dealings with others,
(b) conduct correspondence in the barrister’s name on behalf of any person otherwise than with the opponent,
(c) place herself or himself at risk of becoming a witness, by investigating facts for the purposes of appearing as an advocate or giving legal advice, otherwise than by:
(i) conferring with the client, the instructing solicitor, prospective witnesses or experts,
(ii) examining documents provided by the instructing solicitor or the client, as the case may be, or produced to the court,
(iii) viewing a place or things by arrangement with the instructing solicitor or the client, or
(iv) library research,
(d) act as a person’s only representative in dealings with any court, otherwise than when actually appearing as an advocate,
(e) be the address for service of any document or accept service of any document,
(f) commence proceedings or file (other than file in court) or serve any process of any court,
(g) conduct the conveyance of any property for any other person,
(h) administer any trust estate or fund for any other person,
(i) obtain probate or letters of administration for any other person,
(j) incorporate companies or provide shelf companies for any other person,
(k) prepare or lodge returns for any other person, unless the barrister is registered or accredited to do so under the applicable taxation legislation, or
(l) hold, invest or disburse any funds for any other person.
- No fee, personal capacity exception
A barrister does not breach rule 13 by doing any of the matters referred to in that rule, without fee and as a private person not as a barrister or legal practitioner.
- Agent, personal capacity exception
A barrister does not breach rule 13 (a), (h) or (l) if the barrister becomes such an agent, is appointed so to act or becomes responsible for such funds as a private person and not as a barrister or legal practitioner.
- If asked, inform 11-13 & solis can perform
A barrister who is asked by any person to do work or engage in conduct which is not barristers’ work, or which appears likely to require work to be done which is not barristers’ work, must promptly inform that person:
(a) of the effect of rules 11, 12, and 13 as they relevantly apply in the circumstances, and
(b) that, if it be the case, solicitors are capable of providing those services to that person.
