FAQ 15

Q15. I have been asked to be a non-executive director of a company. Is this permitted under the Code of Conduct?

A15. For the purposes of the Code of Conduct, being a non-executive director does not fall within the definition of offering a legal service. A barrister can therefore be a non-executive director. The Code also exempts from the definition of legal services giving to the other directors the benefit of his learning and experience on matters of general legal principle applicable to the affairs of the company.

Any barrister who takes up such a post should be aware of paragraph 3.7 of Section 3 of the Code of Conduct, which says that a barrister should not appear for or against any company in which he has directly or indirectly a significant pecuniary interest. They would also need to consider whether or not their independence would be compromised if they acted in legal proceedings involving the company.