Referral fees
21 July 2009
The Bar Council has received reports that Chambers are being approached by a well established company who introduce clients to solicitors in return for a marketing fee. The company is now looking to enter in to a similar arrangement with barristers doing public access work. The fee paid will enable barristers to appear on a website, which in turn will generate introductions to clients.
Barristers are reminded of the provisions of paragraph 307(e) of the Code of Conduct which prohibits a barrister from making any payment (other than a payment for advertising or publicity permitted by the Code or remuneration to staff) to any person for the purpose of procuring instructions.
However, it is possible for the lay client to pay a fee to a company in order to be introduced to a public access barrister, provided that no money changes hands between the public access barrister and the company for the referral. It would also be possible for a public access barrister to make a payment in order to appear on a website, providing that potential clients generated by the website advertisement then contact the barrister directly.
Please note, that it is for members of the Bar to ensure that they are compliant with the Code of Conduct. The fact that a draft agreement between a company and a barrister covering a business arrangement indicates that the company itself is complying with the Code of Conduct does not change the position.
