Record of Amendments to the Code of Conduct

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18 March 2008

1. Amendment to paragraph 901.5 of the Code of Conduct

Paragraph 901.5 of the Code has been amended to reduce the level of value judgement required in determining whether the individual circumstances of a case amount to misconduct and to reflect better the implications of the types of behaviour that might fall within this provision. The amendment took effect on 18 March 2008.

2. Amendments to reflect the introduction of a mandatory protocol for complaints handling by Chambers

At its meeting on 17th March 2008, the Board approved new measures to strengthen the complaints handling requirements on Chambers. To bring these measures into effect a new Annexe S to the Code has been introduced and amendments made to Part IV of the Code. The new Annexe and the amendments come into effect on 1st May 2008.

1 March 2008

1. Amendment to paragraph 9(b)(iii) of the Summary Procedure Rules

An amendment to paragraph 9(b)(iii) of the Summary Procedure Rules at Annex L to increase the maximum fine limit from £500 to £1500 was approved by the Board at its meeting on 28 February 2008. The amendment takes effect from 1 March 2008. The amendment has been made to reflect the relative increase in the administrative fine from £100 to £300.

18 July 2007

1. Amendment relating to the Code of Conduct: paragraph 307(e) and its application to the provision of Alternative Dispute Resolution services

An amendment has been made to paragraph 307(e) of the Code of Conduct. The amendment permits barristers to pay a reasonable fee or fees required by an alternative dispute resolution body that appoints or recommends persons to provide mediation, arbitration or adjudication services, or to enter a reasonable fee-sharing arrangement required by such a body, if the payment or arrangement is of a kind similar to that made by other persons who provide such services through that body. This amendment came into force on the 23 July.

1 July 2007

1. Amendments relating to disclosure of inadequate Professional Service

i. An amendment has been made to to paragraphs 43(b)(V) and 43(c)(iii) of Annexe J of the Code to permit the disclosure of findings of inadequate professional services to the Inns of Court in respect of an application by a barrister to become a pupil supervisor. The amendment is effective from 1 July 2007. By disclosing these findings (in addition to the already disclosable findings of professional misconduct) it will enable the Inns to create a fuller picture of a barrister’s suitability to be a pupil supervisor.

1 March 2007

1. Barristers attending Legal Advice Centres

i. Paragraph 202(e) of the Code was removed and paragraphs 401 and 806 amended to clarify the provisions of the Code which permit barristers (both employed and self-employed) who attend at Legal Advice Centres to offer free advice as volunteers. These amendments came into effect on 11 September 2006

2. Door Tenants – Associate members of chambers – employed barristers

i. Paragraph 403.1 of the Code was amended to enable employed barristers to be associate members of chambers. This amendment came into effect on 6 April 2006

3. Creation of the Bar Standards Board and its new regulatory committees

In January 2006 the Bar Standards Board was established by the Bar Council to take over the responsibility of its regulatory functions. .Amendments were required to bring the Board and its Committees into the Code.

i. Amendments to the Part X the definitions section of the Code;

ii. Amendments to the Complaints Rules at Annexe J;

iii. Amendments to the Hearings before the Visitors Rules at Annexe M.

These amendments came into effect on 1January 2006.

4. Revision of The Code of Conduct for Lawyers in the Europan Community

The CCBE adopted in 1988 a Code of Conduct which applies to the delivery of legal services cross border only. The Code of Conduct for Lawyers in the European Community appears at Annexe Q in the Code of Conduct. A revised version has been produced. This version was adopted into the Code of Conduct as the Code of Conduct for European Lawyers. This version replaces the old Code and can be found at Annexe Q.

This amendment came into effect on 1March 2007

5. Limitation of Insurance Liability

i. A new paragraph 604(h) has been introduced which enables a barrister to decline to act in cases where there is a risk that their professional indemnity insurance cover will be exceeded.

This amendment came into effect on 1March 2007

1 October 2005

1. Non-practising Barristers

i. Paragraphs 206.1 and 206.2 have been introduced (effective from 31 July 2005) which provide new rules for members of the Bar called before 31 July 2000 who wish to offer legal services to the public but do not meet the criteria to do so as practising barristers.
ii. Paragraph 808.4 has been introduced (effective from 31 July 2005) and enables a barrister who is a member of another authorised body to take advantage of paragraphs 206.1 and 206.2.

2. Equality and Diversity Code

i. Paragraph 305.3 of the Code has been removed as the law relating to indirect discrimination has changed and this provision was therefore no longer required.

ii. Paragraphs 404.2(d)(i)–(iii) have been introduced (effective from 1 October 2005) as a result of the introduction of the new Equality and Diversity Code. These paragraphs place a requirement on the Head of Chambers to ensure that Chambers has an Equal Opportunities Officer and an Equal Opportunites Policy and that, if they do not, prohibits Chambers from taking on any pupils.

3. Door Tenants/Associate Members of Chambers

i. Paragraph 403.1(d) was amended (effective from 1 September 2005) to enable a lawyer from a foreign jurisdiction who is practising as an arbitrator or mediator to become a door tenant or associate member of chambers.

4. Amendments arising from the decision in P v The General Council of the Bar

i. Following the decision in the above, amendments have been made to Part X of the Code, the Complaints Rules, the Discplinary Tribunal Regulations, the Interim Suspension Rules, the Fitness to Practise Rules, the Summary Procedure Rules, the Adjudication Panel and Appeals Rules and the Hearing before the Visitors Rules to amend the composition of panels to remove any connection with members of the Professional Conduct and Complaints Committee, to make it clear that the President of the Council of the Inns of Court (COIC) is responsible for appointing the panels and to move the administration of the panels to COIC and away from the Bar Council. All amendments are effective from 1 October 2005.

5. Amendments arising from the Complaints Review Working Group

i. The Complaints Review Working Group was set up to conduct a review of the Bar Council’s disciplinary process and to recommend ways in which the current system could be streamlined. During the currency of the Group a number of related issues were referred to the Group for consideration. As a result of the recommendations of the Group, amendments have been made to Paragraph 901, the Complaints Rules, the Discplinary Tribunal Regulations, the Summary Procedure Rules, the Adjudication Panel and Appeals Rules and the Hearing before the Visitors Rules. All amendments are effective from 1October 2005.

6. Publication of Disciplinary Findings on the Bar Council Website

i. Paragraph 43 of the Complaints Rules was amended to give the Bar Council the express power to publish findings by a Disciplinary Tribunal and as a result of a hearing before the Visitors of the Inns of Court on the Bar Council’s website. The amendment is effective from 1 September 2005.

7. Amendments following the introduction of Public Access

i. Paragraph 604 of the Code was amended to remove cases where the lay client is also the professional client from the Cab Rank Rule. The amendment is effective from 1st September 2005.

23 March 2005

1. Amendments relating to Mediation.

i. An amendment to Part X of the Code to provide a definition of mediation.
ii. The introduction of Paragraph 708.1 of the Code to cover conduct in mediation
iii. An amendment to Paragraph 307(c) to include mediators

2. Amendments relating to the Equality and Diversity Code

i. References to the Equality Code in Paragraphs 403.2(c)(iii) and 404.2(c)(iii) and 404.3(c) have been amended to read “Equality and Diversity Code”.

3. European Patent Agents

i An amendment to the definition of “professional client” at Part X has been made to include European Patent Agents.

4. Silk Appointment Process

i. Amendments have been made to Paragraph 33 of the Complaints Rules at Annex J to recognise the new selection panel and to enable the Bar Council to inform them about findings of inadequate professional services. An amendment to Paragraph 33 to take account of the new Judicial Appointment Commission has also been made.