Becoming a Sole Practitioner

Becoming a Sole Practitioner (Word file)

It is some years now since it became possible for barristers to practise as sole practitioners either from their own home or elsewhere. This guidance provides information and advice for barristers who are considering whether to establish themselves as sole practitioners. If there are any further questions, the Professional Ethics Department at the Bar Council (020 7242 0082) or representatives of the Sole Practitioners Group (see below) can provide further details.

The Rules

The Code of Conduct provides that barristers may practise on their own provided that they have practised for a total of three years following the completion of pupillage with full rights of audience in the chambers or office of a qualified person (paragraphs 203 and 204). It may be helpful to note that:

a "qualified person" is either a solicitor or barrister who has been in practice for 6 years out of the last 8 and who has held full rights of audience for at least the last 2 years or has otherwise been designated by the Bar Council as a qualified person;
any barrister who has practised for three years from chambers following pupillage is entitled to be a sole practitioner;
periods of "squatting" in chambers count towards the three years;
periods spent in employment as an employed barrister with full rights of audience after 31st July 2000 will count towards the "three year rule" unless the Bar Council has already indicated that practice with qualified person is unnecessary;
the period of 3 years need not be continuous: breaks may be taken provided that the total time spent in practice amounts to 3 years.

In certain circumstances, the Bar Council will consider waiving the "3 year rule" where, for example, an emergency has arisen or an individual is sufficiently well qualified for it to be unnecessary to apply. These waivers are granted sparingly and are not automatic. The Qualifications Department of the Bar Standards Board (020 7611 1444) can advise on how to apply.

Assuming you meet the basic qualification, you do not need special permission from the Bar Council in order to establish your own chambers. You should, however,

inform the Bar Council immediately of the address from which you will be practising and the telephone number (this is of considerable importance and is your responsibility - it is not sufficient to rely on your former chambers to do so),
inform the Bar Mutual Indemnity Fund (0207 621 0405) of your new address - they are unlikely to require an additional premium

Finally, you should note the requirements in the Code of Conduct to have access to adequate library facilities and to administer your practice efficiently. (See Paragraphs 403(b) and (d)).

Please note that the Bar Council will check its records to see whether you meet the rules. These records are not always complete - particularly if you have spent time squatting or have been away from practice for some time. It is helpful when notifying the Bar Council if you can provide a brief resume of your time in practice - particularly if you are very close to the 3 year requirement.

The Bar Council will notify the Circuit on which you are practising and your Inn of Court. A representative of the Circuit will normally call to see you to provide advice if they can and ensure, from the Bar Council's point of view, that the arrangements are satisfactory.

Things to consider

Before deciding to practise alone, you should think carefully, not merely about how to comply with the Code but also about how you will deal practically with the different regime involved.

The advantages of sole practice can include:

reduction in the costs of running a practice;
freedom from the constraints of Chambers policies (or lack of them);
control of your administration and marketing;
a freer lifestyle in running your practice;
no travelling to chambers so saving time and money.

Disadvantages can include:

increased administrative burdens which are on going and not just limited to the initial setting up;
lack of support to expand the practice and isolation from others, limiting exchange of views;
difficulties with work that has to be returned;
receiving fewer returns.

Individuals will weigh these issues in different ways but you should think about:

whether solicitors will continue to brief you if you are on your own;
how you will inform/market yourself to solicitors;
how you will deal with returned work;
what administrative support you need in place.

The Sole Practitioners Group may be able to provide advice on these points.

Frequently Asked Questions

Do I need to have a clerk?

No. The requirement is simply that you administer your practice efficiently. You need to assess whether you will be able to undertake the necessary administration yourself or whether you need somebody else to assist. If your practice is largely paper-based, then you can probably manage without any assistance. Most sole practitioners manage without a clerk.

What is meant by "efficient administration"?

Essentially, you need to have the office systems which will ensure that, amongst other things:

briefs and instructions are logged in on arrival;
you have adequate facilities to ensure that work is completed in good time and best you do not take on more work than you can manage;
you have suitable diary facilities to identify clashes of dates of hearings, conferences and other appointments at the earliest possible stage and to remind you of those appointments;
you keep adequate records of your work;
fee notes are sent out in good time and adequate records of fees are kept;
you are able to identify and take notice of all relevant guidance and rule changes issued by the Bar Council.

There is no single right way of achieving this. Due to the diverse nature of sole practitioners' practice no specific software package can be recommended. You would be wise to consider the requirements of Quality Mark accreditation, so if you apply your system is already in place. The longer the system has been in place the more impressive it will be to the person who assesses your application.

What is meant by " access to adequate library facilities"?

The facilities must be adequate for the nature of your practice and to ensure that you are up-to-date on the areas of law in which you specialise.
You do not actually have to have a library in the place where you practise. If you practise from London or within easy travelling distance, access to an Inn's library is likely to be sufficient. Many sole practitioners outside London have access to local university Law libraries which are also likely to be sufficient. The majority of barristers do much of their preparation in the evening and at the weekend. Also solicitors expect a prompt answer to their questions. Consequently it will normally be necessary to have the relevant textbooks in your area of practice. Some of the law reports will also be useful. It is important to keep your books up to date. Web sites contain much of the information including statutes, statutory instruments and cases to which you will need to refer.

There is a substantial amount of information available over the Internet and on CD-ROM. In many cases this, of itself, will be sufficient for many practitioners' needs.

How can I market myself to solicitors?

In any way which is consistent with the advertising rules - you can contact solicitors directly (provided that it is not so frequent or obtrusive as to cause annoyance), provide details of your skills, experience and fees. You should not, however, make direct comparisons with other professionals - (see paragraph 709 of the Code).

Can I negotiate my own fees?

Yes.

Can I practise from my own home?

Yes.

Do I have to have my name outside the place where I practise?

No.

Where can I hold conferences?

Conferences can be held wherever is convenient. There is nothing to stop them taking place in solicitors' offices, or your own office.

What equipment and support will I need?

This will depend on the nature of your practice. If you do not already have a computer with Internet access that is likely to be necessary. Solicitors, your opponents and the courts will expect to be able to fax instructions to you. E-mail is becoming increasingly important and in looking at your likely computer needs it is sensible to over - rather than under-estimate your likely needs. This applies particularly to the power of the computer and the size of its memory. DX membership adds status but is expensive. A shared DX is best.

Sources of Advice

If there are matters that are not covered in this leaflet or if there are issues on which you need further advice or guidance, the following places may be able to assist

The Bar Council - Professional Ethics Department (020 7242 0082)
BMIF - 020 7621 0405

Bar Sole Practitioners' Group

Contact Numbers

East Anglia

Lorraine Webb
01245 248341

London
Philip Proghoulis
07785 564775
020 8788 1238

Midlands

Karen Boyes
01604 882942

North

Southern England

Doug Cracknell
01959 522325

West Country

Bar Mark/Quality Mark

Simon Michael
0870 733 7333

Chairman

Robert Banks
100E Great Portland Street
London W1W 6PB
Tel: 020 7636 6323
Fax: 020 7436 3544
DX: 94252 Marylebone