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Dual-capacity practice protocol

Purpose: To advise existing and prospective dual-capacity barristers regarding the rS18 requirement to agree a protocol with their employers or authorised bodies before undertaking dual-capacity practice, which sets out how potential conflicts of interest will be dealt with and avoided
Scope of application: All existing and prospective dual-capacity barristers
Issued by: The Employed Barristers and Ethics Committees
First reviewed: 01/09/2016
Last reviewed: 01/11/2022
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

BSB requirement – purpose of the Protocol – examples of relevant circumstances – the general rules – possible conflicts – relevant considerations – ceasing to act – template draft Protocol (for guidance only; includes: purpose – duties of barrister – matters to be agreed between the parties – possible approach to general conflicts – termination – insurance – confidentiality – contract of employment)

Download: Dual-capacity practice protocol:

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Important Notice

This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here.

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