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Rules of Practice 1994 (S.R. 1994, No. 229)
Requested:  28 Mar 2017
Consolidated as at:  17 Mar 2006

89. Title and work of barrister

(1) A barrister –

(a) may use the title of "barrister" or "barrister-at-law"; and

(b) may display that title after the barrister's name only at that barrister's chambers.

(2) A barrister must limit his or her work to the following:

(a) appearing as an advocate;

(b) preparing to appear as an advocate;

(c) negotiating on behalf of the client;

(d) representing the client in a mediation;

(e) advising on documents relating to the client's affairs;

(f) providing legal advice or opinions;

(g) acting as a referee, arbitrator or mediator;

(h) any other work that is incidental to anything specified in this subrule that is not excluded by subrule (3).

(3) In performing any work referred to in subrule (2), a barrister must not –

(a) institute proceedings in any court on behalf of the client in the barrister's name; or

(b) serve any process of any court; or

(c) make any demand on the client's behalf in the barrister's name, except as provided under subrule (2)(c) and (d); or

(d) conduct correspondence in the barrister's name or deal on behalf of the client with a person unless –

(i) the correspondence is to seek information from a potential witness; or

(ii) the dealing is to conduct a conference with a potential witness; or

(iii) the dealing is for the purpose of work under subrule (2).

(4) A barrister requested by a person to do any work that does not come under subrule (2) or that is excluded under subrule (3) must inform that person –

(a) of any relevant effect of subrules (2) and (3); and

(b) if applicable, that solicitors are able to perform the requested work.

(5) A barrister must not inform a person that he or she will perform work for that person on the condition of acceptance of instructions from a particular solicitor.

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