Guidance On Holding Out for BVC Students and those Recently Called to the Bar

Congratulations on being called to the Bar. Before you embark on your future career, whether it is at the Bar or elsewhere, the Bar Council believes that you will find the following guidance on what you may and may not call yourself useful. It is important for you to adhere to these rules so that you do not fall foul of the provisions of the Bar’s Code of Conduct. The Code prohibits those who provide legal services from holding themselves out as barristers if they do not fulfil all of the criteria for practice.

Relevant Provisions of the Code

Part II of the Code of Conduct provides that an individual practises as a barrister if s/he allows himself to be held out as a barrister in connection with the provision of legal services and/or exercises a right he has by virtue of being a barrister. This part also provides that in order to hold out as a barrister an individual must have satisfied the qualification criteria, that is being called to the Bar and completing the requisite period of pupillage. There is a further requirement in terms of practising with a “qualified person” for the first three years of practice after pupillage for those who wish to exercise rights of audience or provide legal services to members of the public. It is unnecessary to go into details here but if you would like further information please contact the Bar Council.

Part X of the Code sets out the definition of legal services which is the provision of legal advice, representation, drafting or settling of any legal document.

Barristers with Pupillage

If you have been fortunate enough to secure pupillage then, upon commencement, you may hold yourself out as a barrister in connection with the provision of legal services. The Bar Standards Board is intending to make it a requirement that when meeting clients for the first time, during your second six, you should make it clear that you are a pupil barrister and you should ensure that you comply with this rule when it is introduced.

Following completion of pupillage you may describe yourself as a barrister in connection with the provision of legal services. However, if you are providing such services to members of the public then you may only do so if you satisfy the requirement to work with a “qualified person” as mentioned above. There is a further requirement for those who wish to provide legal services to members of the public.

Barristers without Pupillage

If you have not yet secured pupillage or do not intend to apply for it but still wish to provide legal services then you must be careful not to describe yourself as a barrister in connection with the provision of such services. Remember that the Code defines legal services as the provision of legal advice, representation, drafting, settling of any affidavit, statement of claim or other legal document. If you do any of this you should not hold yourself out as a barrister or use any other terms or expressions which would suggest that you are a barrister such as counsel, member of the Bar or member of an Inn, barrister-at-law or barrister (non-practising) This applies equally to any printed material used in connection with advertising of any legal services.

You may describe yourself as a barrister on a CV or when applying for jobs through recruitment agencies but it is not acceptable for you to do so when providing legal services. Descriptions such as Legal Adviser, Caseworker, Legal Assistant or Para-Legal are all acceptable and may be used instead.

Barristers not Providing Legal Services

If you have chosen to pursue a career path which does not involve the provision of legal services then you may describe yourself as a barrister. If your work is borderline then you should contact the Bar Council for advice.

Additional Points

Certain activities are exempted from the definition of legal services such as offering free legal advice to a friend or relative though it should be borne in mind that this does not include representation. Lecturing or teaching law; writing or editing law books, articles or reports; reading for libel; acting as an arbitrator or mediator and acting as an honorary legal adviser to a charity is not deemed to be a legal service either. You may describe yourself as a barrister in connection with the provision of these services. If you are not sure about your position you should check the definition of legal services in Part X of the Code which also sets out a full list of exemptions.

Please note that different rules apply to barristers called before 2005 so please bear this in mind if you are given information by barristers called before this date which appears to conflict with what is set out here.

If you are still unclear about your position after reading this guidance then contact the Bar Council ethics line on 020 7611 1307 or write to ethics@barcouncil.org.uk.

Bar Council
May 2008