BSB delays new contractual terms for barristers by three months

The Bar Standards Board has delayed the introduction of new standard contractual terms for barristers by three months.

The new terms were originally due to take effect from the end of this month, but will now come in on 31 January 2013. The BSB said all chambers would be expected to comply.

According to the BSB, the delay followed feedback from a range of stakeholders and will allow “instructing solicitors, barristers’ chambers, their practice managers and software providers to adjust to the changes being proposed”. 
 
The BSB said: “The new standard contractual terms aim to modernise the process of referral of work to barristers. Increasingly, barristers are seeking to agree contractual terms with solicitors instead of the traditional default system of non-contractual arrangements (which in certain cases had the potential to create difficulties enforcing and recovering fees).”

The introduction of the new arrangements follows the Legal Services Board’s approval of a BSB amendment to the Code of Conduct, “under which the cab rank rule will apply to both the new Standard Contractual Terms and to barristers’ own contractual terms, as published on their chambers website”.  

“Previously, clients had been denied the benefits of the cab rank rule when instructions were made on a contractual basis and this represents an important modernisation of that rule,” the BSB explained.

“In all other respects, barristers and solicitors are free to negotiate such terms as they see fit. The existing exclusions to the cab rank rule, such as conflict of interest or not being available, will continue to apply.”