Devilling

Question 1

r 107

Answer 1

r 107 - devilling - a barrister will not have breached rule 16 by carrying out a specific task of research or chamber work given to the barrister by another barrister, or by giving such a task to another barrister, so long as (a) the barrister who has brief to do the chamber work takes full responsibility for the work (b) the work is delivered under the name of the barrister who was briefed; (C) the arrangement does not go beyond an ordinary devilling arraignment or does no involve a retainer or standing employment terms (d) the arrangement between the barrister does not provide and is not intended to enable the barrister giving the task to make a profit from the other barristers work over and above reasonable remuneration for supervision of an responsibility for the other barrister work

Question 2

What are the four circumstances in which a barrister will be permitted to do devilling work?

Answer 2

(a) The devil must take full personal responsibility for the work
(b) the barrister who briefed delivers the work under his name
(c) the devil relationship does provide for any standing retainer or employment terms
(d) barrister giving the work does not provide, or intend, to make a profit from the barristers work over and above reasonable remuneration for supervision

Question 3

The senior barrister in your chambers asks whether you could complete a case law research task for him which would assist for an upcoming trial.

Is this permitted?

Answer 3

r 107 - devilling - yes can accept the research tasks which will not breach rule 16 so long as the (a) i take full responsibility for the work (b) the barrister bried delivers the work under his name (c) there is no standing retainer or employment conditions and (d) the barrister giving the task does not provide, or intned to provide, to make a profit on my work over and above reasonable remuneration for supervision of and responsibility for the other barrister’s work

r 111 - covered by same confidentiality as the barrister giving the work as per rule 108