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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.