The BSB Handbook

I1

The Bar Standards Board is a specialist regulator focussing primarily on the regulation of advocacy, litigation and legal advisory services. These legal services have a close relationship to access to justice and the rule of law. Our society is based on a rule of law. Everyone needs to be able to seek expert advice on their legal rights and obligations and to have access to skilled representation in the event of a dispute or litigation. Our system of justice depends on those who provide such services acting fearlessly, independently and competently, so as to further their clients’ best interests, subject always to their duty to the Court.

I2

The regulatory objectives of the Bar Standards Board derive from the Legal Services Act 2007 and can be summarised as follows:

.1 protecting and promoting the public interest;

.2 supporting the constitutional principles of the rule of law;

.3 improving access to justice;

.4 protecting and promoting the interests of consumers;

.5 promoting competition in the provision of the services;

.6 encouraging an independent, strong, diverse and effective legal profession;

.7 increasing public understanding of the citizen’s legal rights and duties; and

.8 promoting and maintaining adherence to the following professional principles:

.a that authorised persons act with independence and integrity;

.b that authorised persons maintain proper standards of work;

.c that authorised persons act in the best interests of their clients;

.d that authorised persons comply with their duty to the court to act with independence in the interests of justice; and

.e that the affairs of clients are kept confidential.

I3

The BSB Handbook (“this Handbook” or “the Handbook”) sets out the standards that the Bar Standards Board requires the persons it regulates to comply with in order for it to be able to meet its regulatory objectives.

I4

Although the Handbook is drafted with specific reference to those regulated by the BSB and for use by them, the Handbook should also act as a useful reference tool for all consumers of legal services regulated by the Bar Standards Board. In particular, the Core Duties and the outcomes set out in Part 2 of this Handbook should give consumers a useful indication of what they should expect from the Bar Standard Board’s regulatory framework and those subject to it.

I5

The Handbook consists of the following parts:

.1 Part 1 – Introduction;

.2 Part 2 – The Code of Conduct – this part includes the ten Core Duties which underpin the Bar Standards Board’s entire regulatory framework, as well as the rules which supplement those Core Duties. Compliance with both the Core Duties and the rules is mandatory. The Code of Conduct also contains details of the outcomes which compliance with the Core Duties and the rules is designed to achieve. The Bar Standards Board’s approach to regulation is risk-focused and so these outcomes have been defined by considering the risks which the profession needs to manage if the regulatory objectives are to be achieved;

.3 Part 3 – Scope of Practice and Authorisation and Licensing Rules – this part includes the requirements that must be met to become entitled to practise as a barrister or a registered European lawyer and the process that must be followed in order to obtain authorisation to practise as a BSB entity. It also provides a summary of the scope of activities that each type of BSB authorised person is permitted to undertake;

.4 Part 4 – Bar Qualification Rules – this part sets out the training which a person must complete, and other requirements which a person must satisfy, in order to be called to the Bar by an Inn and become qualified to practise as a barrister. It also includes details of the training requirements that BSB authorised persons are required to meet, and provides for the regulation of Authorised Education and Training Organisations (AETOs);

.5 Part 5 – Enforcement Regulations – this part sets out the enforcement procedures that apply if applicable persons fail to act in accordance with the requirements of this Handbook;

.6 Part 6 – Definitions – this part defines all the italicised terms used in this Handbook.

I6

The Handbook includes Core Duties, Outcomes, Guidance, Rules and Regulations. “CD” refers to Core Duties, “o” to Outcomes, “g” to Guidance, “r” to Rules and Regulations. The Regulations form the basis upon which enforcement action may be taken and are set out in Part E of this Handbook. The effect of something being classified as a Core Duty, Outcome, Guidance, Rule or Regulations is as follows:

.1 Core Duties – these underpin the entire regulatory framework and set the mandatory standards that all BSB regulated persons or unregistered barristers are required to meet. They also define the core elements of professional conduct. Disciplinary proceedings may be taken against a BSB regulated person or unregistered barrister if the Bar Standards Board believes there has been a breach by that person of the Core Duties set out in this Handbook and that such action would be in accordance with the Enforcement Strategy.

.2 The Outcomes – these explain the reasons for the regulatory scheme and what it is designed to achieve. They are derived from the regulatory objectives as defined in the LSA and the risks which must be managed if those objectives are to be achieved. They are not themselves mandatory rules, but they are factors which BSB regulated persons or unregistered barristers should have in mind when considering how the Core Duties, Conduct Rules or Bar Qualification Rules (as appropriate) should be applied in particular circumstances. The Bar Standards Board will take into account whether or not an Outcome has, or might have been, adversely affected when considering how to respond to alleged breaches of the Core Duties, Conduct Rules or Bar Qualification Rules.

.3 The Rules – The Rules serve three purposes:

.a the Conduct Rules supplement the Core Duties and are mandatory. Disciplinary proceedings may be taken against a BSB regulated person or unregistered barrister if the Bar Standards Board believes there has been a breach by that person of the Conduct Rules set out as applying to them in Part 2 of this Handbook and that it would be in accordance with the Enforcement strategy to take such action. However, the Conduct Rules are not intended to be exhaustive. In any situation where no specific Rule applies, reference should be made to the Core Duties. In situations where specific Rules do apply, it is still necessary to consider the Core Duties, since compliance with the Rules alone will not necessarily be sufficient to comply with the Core Duties;

.b the Rules contained within “Scope of Practice Rules” set out the requirements for authorisation and the scope of practice for different kinds of BSB authorised person and include some rules relevant to unregistered barristers. These rules are mandatory;

.c the rest of Part 3 and Part 4 set out the requirements which must be met by a person before they may undertake a specific role within those regulated by the Bar Standards Board. If a person fails to meet those requirements, they will not be permitted to undertake that role by the Bar Standards Board. Where requirements are continuing and a BSB regulated person or unregistered barrister fails to meet such requirements which are relevant to that BSB regulated person or unregistered barrister, the Bar Standards Board may take steps in accordance with Part 3 or Part 5 to have that BSB regulated person or unregistered barrister prevented from continuing within that role.

.4 Guidance –

.a Guidance serves a number of purposes:

.i to assist in the interpretation and application of the Core Duties or Rules to which such Guidance relates.

.ii to provide examples of the types of conduct or behaviour that the Rules are intended to encourage or which would likely indicate compliance with the relevant Rule or, conversely, which may constitute non-compliance with the Rule to which such Guidance relates.

.iii to explain how the Rule applies to a particular type of person or unregistered barrister and how that particular person could comply with that Rule.

.iv to act as a signpost to other rules or to guidance on the Bar Standards Board website or elsewhere which may be relevant when considering the scope of the Rule.

.v in Part 3, to give further information about the process of applying for authorisation and about how the Bar Standards Board intends to exercise its discretionary powers in relation to the authorisation of entities.

.b The Guidance set out in this Handbook is not the only guidance which is relevant to BSB regulated persons and unregistered barristers. In addition to the Guidance, the Bar Standards Board has published and will publish from time to time various guidance on its website which supplements this Handbook, including (but not limited to):

.i the Bar Qualification Manual; and

.ii the BSB’s Supporting Information on the BSB Handbook Equality Rules.

.c In carrying out their obligations or meeting the requirements of this Handbook, BSB regulated persons and unregistered barristers must have regard to any relevant guidance issued by the Bar Standards Board which will be taken into account by the Bar Standards Board if there is an alleged breach of or otherwise non-compliance with of the obligations imposed on a BSB regulated person or unregistered barrister under this Handbook. Failure to comply with the guidance will not of itself be proof of such breach or non-compliance but the BSB regulated person or unregistered barrister will need to be able to show how the obligation has been met notwithstanding the departure from the relevant guidance.

.5 Regulations – Part 5 of this Handbook sets out the regulations which bind the Bar Standards Board when it considers alleged breaches of the Handbook and subsequent enforcement action. These Regulations also bind the various Tribunals and panels referred to in that Part and all persons who are subject to the enforcement process. When considering enforcement action under Part 5, the Bar Standards Board’s response to any alleged breach of or non-compliance with the Core Duties or the Rules will be informed by the impact of the alleged breach or non-compliance on the achievement of the relevant Outcomes, as well by as its own Supervision and Enforcement Strategies and any other policies published from time to time which the Bar Standards Board regards as relevant (taking into account the nature of the alleged breach or non-compliance).

rl1

Subject to Rules r1 and r2, the Bar Standards Board may make amendments and/or additions to this Handbook by resolution and any such amendments and/or additions will take effect on such date as the Bar Standards Board appoints or, if no such date is appointed, on the date when notice of the amendment is first published on the Bar Standard Board’s website following approval under Schedule 4 of the Legal Services Act 2007.

rI2

The Bar Standards Board shall not without the unanimous consent of the Inns amend or waive any rule so as to permit a person who has not been called to the Bar by an Inn to practise as a barrister.

rI3

Removed from 1 November 2017.

rI4

Amendments and additions will be published on the Bar Standards Board’s website.

rI5

Subject to rI2, the Bar Standards Board shall have the power to waive or modify:

.1 the duty imposed on a BSB regulated person or unregistered barrister to comply with the provisions of this Handbook; or

.2 any other requirement of this Handbook

.3 in such circumstances and to such extent as the Bar Standards Board may think fit and either conditionally or unconditionally.

rI6

Any application to the Bar Standards Board for a waiver of any of the mandatory requirements or to extend the time within which to complete any of the mandatory requirements must be made in writing, setting out all relevant circumstances relied on and supported by all relevant documentary evidence.