Employed Barristers' Entitlement to Exercise Rights of Audience

The attached Guidance Notes, flow chart and flow chart notes are intended to assist employed barristers determine whether or not they hold Rights of Audience.

Barristers’ Entitlement to Exercise Rights of Audience

This note is intended as a brief summary of the basic requirements for entitlement to exercise rights of audience as a barrister. Please see Parts II and XI of the 8th Edition of the Code of Conduct for the requirements in full.

Entitlement to Exercise Full Rights of Audience

Under paragraph 203.1 of the Code of Conduct, a barrister is entitled to exercise full rights of audience, provided that he:

* Has completed pupillage; and
* Holds a current practising certificate, issued by the Bar Council; and
* Is in compliance with the “three-year rule” (para 203.1(b))

The “Three-Year Rule”

The “three-year rule” is the requirement that a barrister work with a “qualified person” for his first three years’ of entitlement to exercise full rights of audience.

Please note the following:

* A “qualified person” is a solicitor or barrister who has practised for at least six of the last eight years and has been entitled to exercise full rights of audience for the previous two years.
* A qualified person may act as such in relation to up to three barristers at a time
* A qualified person must be readily available to provide guidance to the barrister(s) in question
* In order to be in compliance with the “three-year rule”, a barrister’s principal place of practice must be either the principal place of practice of his qualified person or an office of an organisation of which his qualified person is an employee, partner or director.

Compliance with the “Three-Year Rule”

The following categories will be in compliance with the three-year rule and so, provided that they hold a current practising certificate, will be entitled to exercise full rights of audience:

* Those who have completed pupillage and then practised for at least three years in chambers.
* Those who have completed pupillage and have worked with a qualified person in employed practice for at least three years since 31 July 2000
* Those who have previously practised as solicitors, with higher court rights in both civil and criminal proceedings
* Those with a combination of experience from the above three categories, totalling at least three years
* Those who have been granted a waiver from the “three-year rule” (eg on the basis of previous entitlement to exercise lower court rights of audience under para 1104)
* Those who have completed pupillage and currently work with a qualified person

Entitlement to Exercise Lower Court Rights of Audience

Employed barristers who do not meet the requirements for entitlement to exercise full rights of audience are nevertheless entitled to exercise lower court rights of audience if they fall into one of the following categories:

Those who became employed barristers before 1 January 1989 and had practised as employed barristers for at least five years by 31 July 2000
Those who had completed pupillage and commenced practice as employed barristers by 31 July 2000