Holding out as a Barrister

Holding out as a Barrister (Word file)

The restriction on holding out prevents non-practising barristers who are supplying or offering to supply legal services from using the title "barrister" or otherwise conveying the impression that they are practising as barristers. It is not possible to provide a comprehensive list of the circumstances which might amount to "holding out" but it is hoped that the following examples will give an idea of what is prohibited.

Describing oneself as a barrister in any printed material used in connection with the provision of legal services: in particular in advertising or publicity, on a card or letterhead, or on premises;
Describing oneself as a barrister to clients or prospective clients;
Indicating to opposing parties or their representatives (e.g. in correspondence) that one is a barrister;
Describing oneself as a barrister or as “counsel”, wearing robes, or sitting in a place reserved for counsel, in court;

Using other descriptions in such contexts which imply that the individual is a barrister (e.g. membership of an Inn of Court).
These examples are not exhaustive.

Exercising Rights as a Barrister

Non-practising barristers may not exercise any rights that they have by reason of being barristers, the most obvious example being rights of audience. This means that such a barrister may not appear as an advocate in any court or tribunal unless it is one in which lay representatives are permitted to appear or unless the barrister has a right of audience by virtue of some other qualification (e.g. as a solicitor).

There are other rights which a practising barrister may exercise but a non-practising barrister may not. For example, section 22 of the Solicitors Act 1974 prohibits an unqualified person from preparing for reward any instrument relating to real or personal estate, or to any legal proceeding. Section 23 contains a similar prohibition against preparing papers for probate. It would not be permissible for a non-practising barrister to charge for preparing such an instrument or papers.

What Is Not Prohibited

The Code does not prohibit non-practising barristers from describing themselves as barristers when they are not supplying legal services. In particular, the following activities are excluded from the definition of "legal services" in the Code.

Lecturing or teaching law;
Writing or editing law books, articles or reports;
Reading for libel;
Acting as an arbitrator or mediator;
Acting as an honorary legal adviser to a charity.

In connection with those activities (and in other circumstances where the barrister is not supplying legal services at all) it is perfectly permissible to use the title "barrister".

There may be occasions on which it is unavoidable for non-practising barristers who are supplying or offering to supply legal services to disclose that they are qualified as barristers. These might include, for example, job applications or enquiries by clients as to the barrister's background. In these cases there is no objection to indicating that you have qualified as a barrister but, particularly if the issue arises in the course of conversation with clients, it should be made clear that you are not practising as a barrister, are not able to exercise any rights as a barrister and are not subject to the rules that practising barristers have to obey.

There is no prohibition on non-practising barristers who are in silk using the title QC