Legal Services Board approves 'historic' extension of barristers' roles and changes to working arrangements

The Legal Services Board has approved the Bar Standards Board's proposed amendments to its Code of Conduct which will allow barristers to work in partnership with each other and solicitors and expand the range of activities that barristers are permitted to undertake.

Under the new Code of Conduct, which will come into force with immediate effect, barristers are permitted to work in partnership with other barristers and become part of legal disciplinary practices (LDPs) regulated by the Solicitors Regulation Authority (SRA). The changes to the rules will also enable barristers to work part-time in an employed or managerial capacity and part-time as a self-employed barrister in chambers, although not on the same case. Barristers will be allowed to own  shares in LDPs whether or not they are employed by them.

Barristers in private practice are now also able to investigate and collect evidence and witness statements, attend police stations and conduct correspondence, which previously were the preserve of solicitors. The public access scheme is also to be extended

The chair of the Bar Standards Board, Baroness Deach said: “The BSB is committed to making appropriate changes to permitted practice at the Bar to benefit its clients in terms of greater access to barristers’ services, broadening the range of services available from the Bar, giving consumers more choice and bringing down costs whilst maintaining the high standards associated with the Bar. The BSB is therefore very pleased that the LSB has approved these three applications as submitted.”

Meanwhile, SRA has abandoned plans to relax its conflict of interests rules following a consultation exercise. The SRA has proposed to change rules three and four of the Solicitors' Code of Conduct to allow firms to act for multiple 'sophisticated clients' in related matters with client consent. However,  it will change rule four in relation to confidentiality and disclosure, giving firms more scope to accept instructions "in the knowledge that it would not be possible to get consent from the client whose information required protection".