FAQ62

Q62. A barrister has left chambers owing a substantial amount in rent and clerks’ fees. Can we hold back cheques that he has received in respect of fees until he pays chambers what he owes?

A62. Only if your chambers constitution or some other agreement among members of chambers expressly permits to you do so and this has been expressly agreed by the individual concerned. Even then, the Bar Council could not guarantee that chambers would be within its legal rights in doing so and certainly would not recommend it as good practice. Generally, cheques are the property of the barrister and must be forwarded promptly. In these circumstances, chambers' remedies lie in the courts or with the Bar Council’s arbitration service, if there is a dispute over the amount payable.