Dual Practice of the barrister

Under the amendments made to the Code, a barrister may now practice in more than one of the ways identified in paragraph 1 above at the same time. That is to say, a barrister may practice in the self-employed model from chambers but work part time as an employed barrister for the Government, or for a law firm regulated by the SRA; or may practice part time in the employment of the Serious Fraud Office and part time as a manager of an LDP. A common example is expected to be that of young barristers who wish to practice self-employed in publicly-funded criminal or family work, but who may need to be employed part-time in complementary work for a law firm or a Government body.

Although such dual practice may be complementary and beneficial, both to the barrister and in the public interest, there are also increased risks of conflicts of interests and duty and added risks that the confidentiality of a client’s affairs may be compromised. This is particularly an issue in a case where a barrister conducts a self-employed practice at the same time as working for an employer or recognized body, or where the barrister works for more than one employer or recognized body. That means that conflicts of interest and of duty for the barrister will be harder to identify and manage in advance of their arising, in ways that barristers in self-employed practice are used to dealing with and barristers hitherto employed by firms of solicitors may not have had to deal with. The barrister will not be free to disclose to his employer or the body details (or the existence) of clients from his/her self-employed practice or another employer’s or body’s practice. On the other hand, in many cases of dual practice, the likelihood of a conflict of this kind will be extremely small, e.g. because the kind or level of work done in self-employed practice is different from the work done for an employer. Barristers considering dual practice should review carefully the risks of conflicts and in relation to maintaining confidentiality of clients’ affairs, and should ensure that by one means or another such risks are avoided or dealt with in advance of their arising wherever possible.

In order to manage these risks and prevent avoidable conflicts from occurring, rules 207 and 208 of the Code impose restrictions and requirements for barristers who wish to practice in more than one capacity.