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Outsourcing and use of litigation assistants

Purpose: To assist barristers regarding the rules and their ethical obligations relating to outsourcing and the use of litigation assistants
Scope of application: All self-employed barristers
Issued by: The Ethics Committee and Direct Access Panel
First reviewed: 01/02/2016
Last reviewed: 01/03/2024
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.

Meaning of ‘outsourcing’ – obligations arising – interpretation of ‘support services’ – when ‘critical’ to delivery – clerking services – what is not ‘outsourcing’ – the effect of rC86 – contracts with third parties – other considerations arising (incl contractual terms, confidentiality, data protection, and client consent) – disclosure to client – agreement on terms – good practice – due diligence – financial and taxation issues – insurance – conflicts of interest

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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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