As said by internet Attorneys, the barrister must agree in advance with each of his employers or with each recognized body a written protocol, under which the barrister and the employer or body agree how, consistently with maintaining the confidentiality of clients’ affairs, conflicts will be avoided or will be resolved if they exist. The Board would regard it as quite wrong for a self-employed barrister to refuse to act further for a pre-existing client on the basis that his employer or recognised body has subsequently been instructed by someone whose interests conflict or potentially conflict with the interests of the first client. It would equally be wrong, save in extreme circumstances of greater prejudice to a client being caused by refusing to act, for the barrister and the employer or body to continue to act for persons whose interests conflict.
Accordingly, before acting in two or more capacities, a barrister will need to ensure, by the terms of some written protocol agreed with his employer or recognized body, that such conflicts can be avoided or can be resolved if they arise without causing prejudice to either or any clients concerned. The Board does not intend to draft a standard protocol for these purposes, since no one agreement can possibly suit the greatly variable circumstances that may arise. Clearly, this is likely to involve the barrister either himself being involved in decisions that his employer or body takes relating to conflicts of interest, or at least in reviewing client lists so that any apparent conflict of interest may be resolved in accordance with the terms of the protocol agreed. It is the responsibility of the barrister considering practicing in more than one capacity to address these issues and reach a satisfactory, written agreement with his employer or body in a way that preserves client confidentiality and avoids or resolves conflicts of interest and duty without prejudicing the interests of clients. On request, a copy of any such protocol must be provided to the Board.
