英国律师职业行为规则

Adopted by the Bar Council on 25 March 2000Effective from 3lst July 2000

　　PART III FUNDAMENTAL PRINCIPLES　　Applicable to all barristers

　　301 A barrister must have regard to paragraph 104 and must not:

　　（a）engage in conduct whether in pursuit of his profession or otherwise which is:　　（i）dishonest or otherwise discreditable to a barrister;　　（ii）prejudicial to the administration of justice; or

　　（iii）likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring legalprofession into disrepute;

　　（b）engage directly or indirectly in any occupation if his association with that occupation may adversely affect thereputation of the Bar or in the case of a practicing barrister prejudice his ability to attend properly to his practice.　　Applicable to practising barristers

　　302 A barrister has an overriding duty to the Court to act with independence in the interests of justice: he must assist theCourt in the administration of justice and must not deceive or knowingly or recklessly mislead the Court.　　303 A barrister:

　　（a）must promote and protect fearlessly and by all proper and lawful means the lay client's best interests and do sowithout regard to his own interests or to any consequences to himself or to any other person （including any professionalclient or other intermediary or another barrister）;

　　（b）owes his primary duty as between the lay client and any professional client or other intermediary to the lay clientand must not permit the intermediary to limit his discretion as to how the interests of the lay client can best be served;　　（c）when supplying legal services funded by the Legal Services Commission as part of the Community Legal Serviceor the Criminal Defence Service owes his primary duty to the lay client subject only to compliance with paragraph 304.　　304 A barrister who supplies legal services funded by the Legal Services Commission as part of the Community LegalService or the Criminal Defence Service must in connection with the supply of such services comply with any duty imposedon him by or under the Access to Justice Act 1999 Or any regulations or code in effect under that Act and in particular withthe duties set out in Annex E.

　　305.1A barrister must not in relation to any other person （including a client or another barrister or a pupil or a studentmember of an Inn of Court） discriminate directly or indirectly or victimise because of race, colour, ethnic or national origin,nationality, citizenship, sex, sexual orientation, marital status, disability, religion or political persuasion.

　　305.2 A barrister must not in relation to any offer of a pupil1age or tenancy discriminate directly or indirectly against aperson on grounds of age, save where such discrimination can be shown to be objectively and reasonably justifiable.　　305.3In respect of indirect discrimination there is no breach of paragraph 305.l and 305.2 if the barrister against whomthe complaint is brought proves that the act of indirect discrimination was committed without any intention of treating theclaimant unfavorably on any ground in that paragraph to which the complaint relates.

　　306 A barrister is individually and Personally responsible for his own conduct and for his professional work: he mustexercise his own personal judgment in all his professional activities.

　　307 A barrister must not

　　（a） permit his absolute integrity and freedom from external pressures to be compromised;

　　（b） do anything （for example accept a Present） in such circumstances as may lead to any inference that hisindependence may be compromised;

　　（c） compromise his professional standards in order to please his client, the Court or a third party;

　　（d） give a commission or present or lend any money for any professional Purpose to or （save as a remuneration inaccordance with the provisions of this Code） accept any money by way of loan or otherwise from any client or any personentitled to instruct him as an intermediary;

　　（e） make any payment （other than a payment for advertising or publicity permitted by this Code or in the case of abarrister in independent practice remuneration paid to any clerk or other employee or staff of his chambers） to any personfor the purpose of procuring professional instructions;

　　（f） receive or handle client money securities or other assets other than by receiving payment of remuneration or （inthe case of an employed barrister） where the money or other asset belongs his employer.　　PART VII CONDUCT OF WORK BY PRACTISING BARRISTERS　　General　　701A barrister:

　　（a）must in all his professional activities be courteous and act promptly conscientiously diligently and with reasonablecompetence and take all reasonable and practicable steps to avoid unnecessary expense or waste of the Court's time and toensure that professional engagements are fulfilled;　　（b）must not undertake any task which:

　　（i）he knows or ought to know he is not competent to handle;

　　（ii）he does not have adequate time and opportunity to prepare for or perform; or

　　（iii）he cannot discharge within the time requested or otherwise within a reasonable time having regard to the pressureof other work;

　　（c）must read all instructions delivered to him expeditiously;

　　（d）must have regard to any relevant Written Standards for the conduct of Professional Work issued by the BarCouncil;

　　（e）must inform his client forthwith and subject to paragraph 610 return the instructions to the client or to anotherbarrister acceptable to the client:

　　（i）if it becomes apparent to him that he will not be able to undertake a brief or fulfill any other professionalengagement which he has accepted.

　　（ii）if there is an appreciable risk that he may not he able to undertake a brief or fulfill any other professionalengagement which he has accepted.

　　（f）must ensure that adequate records supporting the fees charged or claimed in a case are kept at least until the lastof the following: his fees have been paid, any taxation or determination or assessment of costs in the case has been

completed, or the time for lodging an appeal against assessment or the determination of that appeal, has expired, and mustprovide his professional or Bar Direct client （or where the lay client is subsequently acting in person） the lay Client withsuch records or details of the work done as may reasonably be required.　　Confidentiality

　　702Whether or not the relation of counsel and client continues a barrister must preserve the confidentiality of the layclient's affairs and must not without the prior consent of the lay client or as permitted by law lend or reveal the contents of thepapers in any instructions to or communicate to any third person （other than another barrister, a pupil or any other personwho needs to know it for the performance of their duties） information which has been entrusted to him in confidence or usesuch information to the lay client's detriment or to his own or another client's advantage.　　Conflicts between lay clients and intermediaries

　　703If a barrister in independent practice forms the view that there is a conflict of interest between his lay client and aprofessional client or other intermediary （for example because he considers that the intermediary may have beennegligent） he must consider whether it would be in the lay client's interest to instruct another professional adviser orrepresentative and , if he considers that it would be, the barrister must so advise and take such steps as he considersnecessary to ensure that his advice is communicated to the lay client （if necessary by sending a copy of his advice inwriting directly to the lay client as well as to the intermediary）.　　Drafting documents

　　704A barrister must not devise facts which will assist in advancing the lay client's case and must not draft any statementof case, witness statement, affidavit, notice of appeal or other document containing:

　　（a）any statement of fact or contention which is not supported by the lay client or by his instructions;　　（b）any contention which he does not consider to be properly arguable;

　　（c）any allegation of fraud unless he has clear instructions to make such allegation and has before him reasonablycredible material which as it sands establishes a prima facie case of fraud;

　　（d）in the case of a witness statement or affidavit any statement of fact other than the evidence which in substance

according to his instructions the barrister reasonably believes the witness would give if the evidence contained in the witnessstatement or affidavit were being given in oral examination; provided that nothing in this paragraph shall prevent a barristerdrafting a document containing specific factual statements or contentions included by the barrister subject to confirmation oftheir accuracy by the lay client or witness.　　Contact with witnesses　　705 A barrister must not:

　　（a）rehearse practise or coach coach a witness in relation to his evidence;

　　（b）encourage a witness to give evidence which is untruthful or which is not the whole truth;

　　（c）except with the consent of the representative for the opposing side or of the Court, communicate directly orindirectly about a case with any witness, whether or not the witness is his lay client, once that witness has begun to giveevidence until the evidence of that witness has been concluded.　　Attendance of professional client

　　706 A barrister in independent practice who is instructed by a professional client should not conduct a case in Court inthe absence of his professional client or a representative of his professional client unless the Court rules that it is appropriateor he is satisfied that the interests of the lay client and the interests of justice will not be prejudiced.

　　707 A barrister in independent practice who attends Court in order to conduct a case in circumstances where no

professional client or representative of a professional client is present may if necessary interview witnesses and take proofsof evidence.

　　Conduct in Court

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