|Purpose:||To provide information to barristers in relation to their fees in circumstances where a solicitor or their firm becomes insolvent|
|Scope of application:||All practising barristers|
|Issued by:||The Remuneration Committee|
|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.|
A barrister’s entitlement to payment of fees from a solicitor is entirely dependent upon the terms of the contract made between the barrister and the solicitor who instructed the barrister. Insolvency of the solicitor does not change the terms of the contract but may limit the remedies available to enforce performance of the solicitor’s payment obligations under the Contract. Reference must always be made to the terms of the applicable contract to determine what contractual rights exist.
Download: Solicitors' firms - barristers' fees when a solicitor or firm becomes insolvent:Download ( PDF )
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.