FAQ 28

Q28. I have been invited to join a set of Chambers. On looking at the constitution, I see that the notice period for leaving Chambers is substantially greater than the normal three months. Is this proper?

A28. The Code of Conduct does not specify any notice periods. It does, however, make it clear that Chambers should be administered "fairly and equitably". The Bar Council takes the view that it is for Chambers to decide how to run itself, subject to that general duty.

Our understanding is that a three month notice period to Chambers is the norm but there is nothing to prevent Chambers having notice periods which are significantly greater than that. The Bar Council might become concerned if the notice period were so great that it amounted to an unreasonable fetter on an individual’s ability to leave Chambers . Each case will depend on its own facts.

In the meantime, barristers should consider carefully, before accepting an offer of tenancy, whether the prospects of the tenancy justify committing themselves to any unusual or onerous terms.