CODE OF CONDUCT OF THE BAR OF ENGLAND AND WALES AND GUIDANCE ISSUED BY THE BAR COUNCIL
7th Edition
Adopted by the Bar Council on 25 March 2000
Effective from 3lst July 2000
PART III FUNDAMENTAL PRINCIPLES
Applicable to all barristers
301 A barrister must have regard to paragraph 104 and must not:
（a）engage in conduct whether in pursuit of his profession or otherwise which is:
（i）dishonest or otherwise discreditable to a barrister;
（ii）prejudicial to the administration of justice; or
（iii）likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring legal profession into disrepute;
（b）engage directly or indirectly in any occupation if his association with that occupation may adversely affect the reputation of the Bar or in the case of a practicing barrister prejudice his ability to attend properly to his practice.
Applicable to practising barristers
302 A barrister has an overriding duty to the Court to act with independence in the interests of justice: he must assist the Court in the administration of justice and must not deceive or knowingly or recklessly mislead the Court.
303 A barrister:
（a）must promote and protect fearlessly and by all proper and lawful means the lay client's best interests and do so without regard to his own interests or to any consequences to himself or to any other person （including any professional client or other intermediary or another barrister）;
（b）owes his primary duty as between the lay client and any professional client or other intermediary to the lay client and must not permit the intermediary to limit his discretion as to how the interests of the lay client can best be served;
（c）when supplying legal services funded by the Legal Services Commission as part of the Community Legal Service or the Criminal Defence Service owes his primary duty to the lay client subject only to compliance with paragraph 304.
304 A barrister who supplies legal services funded by the Legal Services Commission as part of the Community Legal Service or the Criminal Defence Service must in connection with the supply of such services comply with any duty imposed on him by or under the Access to Justice Act 1999 Or any regulations or code in effect under that Act and in particular with the duties set out in Annex E.
305.1A barrister must not in relation to any other person （including a client or another barrister or a pupil or a student member of an Inn of Court） discriminate directly or indirectly or victimise because of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, religion or political persuasion.
305.2 A barrister must not in relation to any offer of a pupil1age or tenancy discriminate directly or indirectly against a person on grounds of age, save where such discrimination can be shown to be objectively and reasonably justifiable.
305.3In respect of indirect discrimination there is no breach of paragraph 305.l and 305.2 if the barrister against whom the complaint is brought proves that the act of indirect discrimination was committed without any intention of treating the claimant unfavorably on any ground in that paragraph to which the complaint relates.
306 A barrister is individually and Personally responsible for his own conduct and for his professional work: he must exercise his own personal judgment in all his professional activities.
307 A barrister must not
（a） permit his absolute integrity and freedom from external pressures to be compromised;
（b） do anything （for example accept a Present） in such circumstances as may lead to any inference that his independence may be compromised;
（c） compromise his professional standards in order to please his client, the Court or a third party;
（d） give a commission or present or lend any money for any professional Purpose to or （save as a remuneration in accordance with the provisions of this Code） accept any money by way of loan or otherwise from any client or any person entitled to instruct him as an intermediary;
（e） make any payment （other than a payment for advertising or publicity permitted by this Code or in the case of a barrister in independent practice remuneration paid to any clerk or other employee or staff of his chambers） to any person for the purpose of procuring professional instructions;
（f） receive or handle client money securities or other assets other than by receiving payment of remuneration or （in the case of an employed barrister） where the money or other asset belongs his employer.
PART VII CONDUCT OF WORK BY PRACTISING BARRISTERS
General
701A barrister:
（a）must in all his professional activities be courteous and act promptly conscientiously diligently and with reasonable competence and take all reasonable and practicable steps to avoid unnecessary expense or waste of the Court's time and to ensure that professional engagements are fulfilled;
（b）must not undertake any task which:
（i）he knows or ought to know he is not competent to handle;
（ii）he does not have adequate time and opportunity to prepare for or perform; or
（iii）he cannot discharge within the time requested or otherwise within a reasonable time having regard to the pressure of other work;
（c）must read all instructions delivered to him expeditiously;
（d）must have regard to any relevant Written Standards for the conduct of Professional Work issued by the Bar Council;
（e）must inform his client forthwith and subject to paragraph 610 return the instructions to the client or to another barrister acceptable to the client:
（i）if it becomes apparent to him that he will not be able to undertake a brief or fulfill any other professional engagement which he has accepted.
（ii）if there is an appreciable risk that he may not he able to undertake a brief or fulfill any other professional engagement which he has accepted.
（f）must ensure that adequate records supporting the fees charged or claimed in a case are kept at least until the last of the following: his fees have been paid, any taxation or determination or assessment of costs in the case has been completed, or the time for lodging an appeal against assessment or the determination of that appeal, has expired, and must provide his professional or Bar Direct client （or where the lay client is subsequently acting in person） the lay Client with such records or details of the work done as may reasonably be required.
Confidentiality
702Whether or not the relation of counsel and client continues a barrister must preserve the confidentiality of the lay client's affairs and must not without the prior consent of the lay client or as permitted by law lend or reveal the contents of the papers in any instructions to or communicate to any third person （other than another barrister, a pupil or any other person who needs to know it for the performance of their duties） information which has been entrusted to him in confidence or use such information to the lay client's detriment or to his own or another client's advantage.
Conflicts between lay clients and intermediaries
703If a barrister in independent practice forms the view that there is a conflict of interest between his lay client and a professional client or other intermediary （for example because he considers that the intermediary may have been negligent） he must consider whether it would be in the lay client's interest to instruct another professional adviser or representative and , if he considers that it would be, the barrister must so advise and take such steps as he considers necessary to ensure that his advice is communicated to the lay client （if necessary by sending a copy of his advice in writing directly to the lay client as well as to the intermediary）.
Drafting documents
704A barrister must not devise facts which will assist in advancing the lay client's case and must not draft any statement of case, witness statement, affidavit, notice of appeal or other document containing:
（a）any statement of fact or contention which is not supported by the lay client or by his instructions;
（b）any contention which he does not consider to be properly arguable;
（c）any allegation of fraud unless he has clear instructions to make such allegation and has before him reasonably credible material which as it sands establishes a prima facie case of fraud;
（d）in the case of a witness statement or affidavit any statement of fact other than the evidence which in substance according to his instructions the barrister reasonably believes the witness would give if the evidence contained in the witness statement or affidavit were being given in oral examination; provided that nothing in this paragraph shall prevent a barrister drafting a document containing specific factual statements or contentions included by the barrister subject to confirmation of their accuracy by the lay client or witness.
Contact with witnesses
705 A barrister must not:
（a）rehearse practise or coach coach a witness in relation to his evidence;
（b）encourage a witness to give evidence which is untruthful or which is not the whole truth;
（c）except with the consent of the representative for the opposing side or of the Court, communicate directly or indirectly about a case with any witness, whether or not the witness is his lay client, once that witness has begun to give evidence until the evidence of that witness has been concluded.
Attendance of professional client
706 A barrister in independent practice who is instructed by a professional client should not conduct a case in Court in the absence of his professional client or a representative of his professional client unless the Court rules that it is appropriate or he is satisfied that the interests of the lay client and the interests of justice will not be prejudiced.
707 A barrister in independent practice who attends Court in order to conduct a case in circumstances where no professional client or representative of a professional client is present may if necessary interview witnesses and take proofs of evidence.
Conduct in Court
708 A barrister when conducting proceedings in Court:
（a）is personally responsible for the conduct and presentation of his case and must exercise personal judgment upon the substance and purpose of statements made and questions asked;
（b）must not unless invited to do so by the Court or when appearing before a tribunal where it is his duty to do so assert a personal opinion of the facts or the law;
（c）must ensure that the Court is informed of all relevant decisions and legislative provisions of which he is aware whether the effect is favourable or unfavourable towards the contention for which he argues;
（d）must bring any procedural irregularity to the attention of the Court during the hearing and not reserve such matter to be raised on appeal;
（e）must not adduce evidence obtained otherwise than from or through the client or devise facts which will assist in advancing the lay client's case;
（f） must not make a submission which he does not consider to be properly arguable;
（g）must not make statements or ask questions which are merely scandalous or intended or calculated only to vilify insult or annoy either a witness or some other person;
（h）must if possible avoid the naming in open Court of third parties whose character would thereby be impugned;
（i） must not by assertion in a speech impugn a witness whom he has had an opportunity to cross-examine unless in cross-examination he has given the witness an opportunity to answer the allegation;
（j） must not suggest that a victim, witness or other person is guilty of crime, fraud or misconduct or make any defamatory aspersion on the conduct of any other person or attribute to another person the crime or conduct of which his lay client is accused unless such allegations go to a matter in issue （including the credibility of the witness） which is material to the lay client's case and appear to him to be supported by reasonable grounds.
Media comment
709.1 A barrister must not in relation to any anticipated or current proceedings in which he is briefed or expects to appear or has appeared as an advocate express a personal opinion to the press or other media or in any other public statement upon the facts or issues arising in the proceedings.
709.2 Paragraph 709.1 shall not prevent the expression of such an opinion on an issue in an educational or academic context.
Advertising and publicity
710.1 Subject to paragraph 710.2 a barrister may engage in any advertising or promotion in connection with his practice which conforms to the British Codes of Advertising and Sales Promotion and such advertising or promotion may include:
（a）photographs or other illustrations of the barrister;
（b） statements of rates and methods of charging;
（c）statements about the nature and extent of the barrister's services;
（d） information about any case in which the barrister has appeared （including the name of any client for whom the barrister acted） where such information has already become publicly available or, where it has not already become publicly available, with the express prior written consent of the lay client.
710.2 Advertising or promotion must not:
（a）be inaccurate or likely to mislead;
（b）be likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute;
（c）make direct comparisons in terms of quality with or criticisms of other identifiable persons （whether they be barristers or members of any other profession）;
（d）include statements about the barrister's success rate;
（e）indicate or imply any willingness to accept instructions or any intention to restrict the persons from whom instructions may be accepted otherwise than in accordance with this Code;
（f）be so frequent or obtrusive as to cause annoyance to those to whom it is directed.
7th Edition
Adopted by the Bar Council on 25 March 2000
Effective from 3lst July 2000
PART III FUNDAMENTAL PRINCIPLES
Applicable to all barristers
301 A barrister must have regard to paragraph 104 and must not:
（a）engage in conduct whether in pursuit of his profession or otherwise which is:
（i）dishonest or otherwise discreditable to a barrister;
（ii）prejudicial to the administration of justice; or
（iii）likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring legal profession into disrepute;
（b）engage directly or indirectly in any occupation if his association with that occupation may adversely affect the reputation of the Bar or in the case of a practicing barrister prejudice his ability to attend properly to his practice.
Applicable to practising barristers
302 A barrister has an overriding duty to the Court to act with independence in the interests of justice: he must assist the Court in the administration of justice and must not deceive or knowingly or recklessly mislead the Court.
303 A barrister:
（a）must promote and protect fearlessly and by all proper and lawful means the lay client's best interests and do so without regard to his own interests or to any consequences to himself or to any other person （including any professional client or other intermediary or another barrister）;
（b）owes his primary duty as between the lay client and any professional client or other intermediary to the lay client and must not permit the intermediary to limit his discretion as to how the interests of the lay client can best be served;
（c）when supplying legal services funded by the Legal Services Commission as part of the Community Legal Service or the Criminal Defence Service owes his primary duty to the lay client subject only to compliance with paragraph 304.
304 A barrister who supplies legal services funded by the Legal Services Commission as part of the Community Legal Service or the Criminal Defence Service must in connection with the supply of such services comply with any duty imposed on him by or under the Access to Justice Act 1999 Or any regulations or code in effect under that Act and in particular with the duties set out in Annex E.
305.1A barrister must not in relation to any other person （including a client or another barrister or a pupil or a student member of an Inn of Court） discriminate directly or indirectly or victimise because of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, religion or political persuasion.
305.2 A barrister must not in relation to any offer of a pupil1age or tenancy discriminate directly or indirectly against a person on grounds of age, save where such discrimination can be shown to be objectively and reasonably justifiable.
305.3In respect of indirect discrimination there is no breach of paragraph 305.l and 305.2 if the barrister against whom the complaint is brought proves that the act of indirect discrimination was committed without any intention of treating the claimant unfavorably on any ground in that paragraph to which the complaint relates.
306 A barrister is individually and Personally responsible for his own conduct and for his professional work: he must exercise his own personal judgment in all his professional activities.
307 A barrister must not
（a） permit his absolute integrity and freedom from external pressures to be compromised;
（b） do anything （for example accept a Present） in such circumstances as may lead to any inference that his independence may be compromised;
（c） compromise his professional standards in order to please his client, the Court or a third party;
（d） give a commission or present or lend any money for any professional Purpose to or （save as a remuneration in accordance with the provisions of this Code） accept any money by way of loan or otherwise from any client or any person entitled to instruct him as an intermediary;
（e） make any payment （other than a payment for advertising or publicity permitted by this Code or in the case of a barrister in independent practice remuneration paid to any clerk or other employee or staff of his chambers） to any person for the purpose of procuring professional instructions;
（f） receive or handle client money securities or other assets other than by receiving payment of remuneration or （in the case of an employed barrister） where the money or other asset belongs his employer.
PART VII CONDUCT OF WORK BY PRACTISING BARRISTERS
General
701A barrister:
（a）must in all his professional activities be courteous and act promptly conscientiously diligently and with reasonable competence and take all reasonable and practicable steps to avoid unnecessary expense or waste of the Court's time and to ensure that professional engagements are fulfilled;
（b）must not undertake any task which:
（i）he knows or ought to know he is not competent to handle;
（ii）he does not have adequate time and opportunity to prepare for or perform; or
（iii）he cannot discharge within the time requested or otherwise within a reasonable time having regard to the pressure of other work;
（c）must read all instructions delivered to him expeditiously;
（d）must have regard to any relevant Written Standards for the conduct of Professional Work issued by the Bar Council;
（e）must inform his client forthwith and subject to paragraph 610 return the instructions to the client or to another barrister acceptable to the client:
（i）if it becomes apparent to him that he will not be able to undertake a brief or fulfill any other professional engagement which he has accepted.
（ii）if there is an appreciable risk that he may not he able to undertake a brief or fulfill any other professional engagement which he has accepted.
（f）must ensure that adequate records supporting the fees charged or claimed in a case are kept at least until the last of the following: his fees have been paid, any taxation or determination or assessment of costs in the case has been completed, or the time for lodging an appeal against assessment or the determination of that appeal, has expired, and must provide his professional or Bar Direct client （or where the lay client is subsequently acting in person） the lay Client with such records or details of the work done as may reasonably be required.
Confidentiality
702Whether or not the relation of counsel and client continues a barrister must preserve the confidentiality of the lay client's affairs and must not without the prior consent of the lay client or as permitted by law lend or reveal the contents of the papers in any instructions to or communicate to any third person （other than another barrister, a pupil or any other person who needs to know it for the performance of their duties） information which has been entrusted to him in confidence or use such information to the lay client's detriment or to his own or another client's advantage.
Conflicts between lay clients and intermediaries
703If a barrister in independent practice forms the view that there is a conflict of interest between his lay client and a professional client or other intermediary （for example because he considers that the intermediary may have been negligent） he must consider whether it would be in the lay client's interest to instruct another professional adviser or representative and , if he considers that it would be, the barrister must so advise and take such steps as he considers necessary to ensure that his advice is communicated to the lay client （if necessary by sending a copy of his advice in writing directly to the lay client as well as to the intermediary）.
Drafting documents
704A barrister must not devise facts which will assist in advancing the lay client's case and must not draft any statement of case, witness statement, affidavit, notice of appeal or other document containing:
（a）any statement of fact or contention which is not supported by the lay client or by his instructions;
（b）any contention which he does not consider to be properly arguable;
（c）any allegation of fraud unless he has clear instructions to make such allegation and has before him reasonably credible material which as it sands establishes a prima facie case of fraud;
（d）in the case of a witness statement or affidavit any statement of fact other than the evidence which in substance according to his instructions the barrister reasonably believes the witness would give if the evidence contained in the witness statement or affidavit were being given in oral examination; provided that nothing in this paragraph shall prevent a barrister drafting a document containing specific factual statements or contentions included by the barrister subject to confirmation of their accuracy by the lay client or witness.
Contact with witnesses
705 A barrister must not:
（a）rehearse practise or coach coach a witness in relation to his evidence;
（b）encourage a witness to give evidence which is untruthful or which is not the whole truth;
（c）except with the consent of the representative for the opposing side or of the Court, communicate directly or indirectly about a case with any witness, whether or not the witness is his lay client, once that witness has begun to give evidence until the evidence of that witness has been concluded.
Attendance of professional client
706 A barrister in independent practice who is instructed by a professional client should not conduct a case in Court in the absence of his professional client or a representative of his professional client unless the Court rules that it is appropriate or he is satisfied that the interests of the lay client and the interests of justice will not be prejudiced.
707 A barrister in independent practice who attends Court in order to conduct a case in circumstances where no professional client or representative of a professional client is present may if necessary interview witnesses and take proofs of evidence.
Conduct in Court
708 A barrister when conducting proceedings in Court:
（a）is personally responsible for the conduct and presentation of his case and must exercise personal judgment upon the substance and purpose of statements made and questions asked;
（b）must not unless invited to do so by the Court or when appearing before a tribunal where it is his duty to do so assert a personal opinion of the facts or the law;
（c）must ensure that the Court is informed of all relevant decisions and legislative provisions of which he is aware whether the effect is favourable or unfavourable towards the contention for which he argues;
（d）must bring any procedural irregularity to the attention of the Court during the hearing and not reserve such matter to be raised on appeal;
（e）must not adduce evidence obtained otherwise than from or through the client or devise facts which will assist in advancing the lay client's case;
（f） must not make a submission which he does not consider to be properly arguable;
（g）must not make statements or ask questions which are merely scandalous or intended or calculated only to vilify insult or annoy either a witness or some other person;
（h）must if possible avoid the naming in open Court of third parties whose character would thereby be impugned;
（i） must not by assertion in a speech impugn a witness whom he has had an opportunity to cross-examine unless in cross-examination he has given the witness an opportunity to answer the allegation;
（j） must not suggest that a victim, witness or other person is guilty of crime, fraud or misconduct or make any defamatory aspersion on the conduct of any other person or attribute to another person the crime or conduct of which his lay client is accused unless such allegations go to a matter in issue （including the credibility of the witness） which is material to the lay client's case and appear to him to be supported by reasonable grounds.
Media comment
709.1 A barrister must not in relation to any anticipated or current proceedings in which he is briefed or expects to appear or has appeared as an advocate express a personal opinion to the press or other media or in any other public statement upon the facts or issues arising in the proceedings.
709.2 Paragraph 709.1 shall not prevent the expression of such an opinion on an issue in an educational or academic context.
Advertising and publicity
710.1 Subject to paragraph 710.2 a barrister may engage in any advertising or promotion in connection with his practice which conforms to the British Codes of Advertising and Sales Promotion and such advertising or promotion may include:
（a）photographs or other illustrations of the barrister;
（b） statements of rates and methods of charging;
（c）statements about the nature and extent of the barrister's services;
（d） information about any case in which the barrister has appeared （including the name of any client for whom the barrister acted） where such information has already become publicly available or, where it has not already become publicly available, with the express prior written consent of the lay client.
710.2 Advertising or promotion must not:
（a）be inaccurate or likely to mislead;
（b）be likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute;
（c）make direct comparisons in terms of quality with or criticisms of other identifiable persons （whether they be barristers or members of any other profession）;
（d）include statements about the barrister's success rate;
（e）indicate or imply any willingness to accept instructions or any intention to restrict the persons from whom instructions may be accepted otherwise than in accordance with this Code;
（f）be so frequent or obtrusive as to cause annoyance to those to whom it is directed.