Industrial Action
This Guidance was issued by the Professional Conduct and Complaints Committee (now the Conduct Committee) in May 2005
Guidance has been sought from the Professional Conduct and Complaints Committee as to whether it is permissible for employed barristers to engage in industrial action and if so, subject to what conditions.
The view of the Committee was that:
1. Being engaged in industrial action would not, of itself, cause an employed barrister to be in breach of the Code of Conduct.
2. However, in participating in industrial action, it is important for an employed barrister to have regard to his/her professional obligations under the Code and, in particular:
a. Paragraph 301:
“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: …
(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 the legal profession into disrepute; …”
b. Paragraph 701:
“701. A 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 Courts time and to ensure that professional engagements are fulfilled;”
3. with these key principles in mind, it is not possible to give definitive guidance as to what will, or will not, constitute a breach of the Code.
4. However, the Committee took the view (consistent with the Guidance of the Law Society) that an employed barrister must, before taking industrial action:
a. Ensure that steps are taken to cover all court engagements.
b. Promptly arrange to notify persons whom may be affected by the proposed action.
c. Ensure that NO client is prejudiced by the action in any crucial way, e.g. by missing a time limit.
This guidance has also been endorsed by the Professional Standards Committee
