Barristers at Brick Court Chambers are willing to discuss and negotiate terms of engagement with clients.

The Bar Standards Board’s Code of Conduct provides in rule C30.9 that barristers must, under the cab rank rule, accept instructions from a professional client where this falls within that rule and where the instructions are offered on (A) the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020 as published on the Bar Council’s website (the “Bar Council Terms”) or (B) any terms that a barrister publishes as standard terms of work.

For the purposes of the cab rank rule, Barristers at Brick Court Chambers will accept work on the Bar Council Terms. Barristers at Brick Court Chambers do not have published standard terms of work.

A Barrister’s clerk has authority to agree and enter into terms of engagement with clients on behalf of the Barrister.

The provisions above apply to instructions from 23^rd January 2023. Subject to agreement otherwise, earlier instructions of Barristers at Brick Court Chambers continue to be governed by the terms upon which they were accepted.

For further information please contact the clerks.

Chambers operates a strict policy against “double booking”.  If a client requests a diary booking which conflicts with an existing diary entry, the existing entry will be disclosed and the second booking will be accepted only with the client’s full consent. The clerks have excellent working relationships with the High Court’s administrative staff, and are usually able to ensure that hearings are allocated convenient dates.

For further information please contact the clerks.

Introduction

• These Guidelines are for use in circumstances where members of Brick Court Chambers are instructed on behalf of different parties or as arbitrator (etc) in cases involving other members of chambers.
• The Guidelines are designed to assist barristers to comply with Core Duty 6 of the Bar Standards Board’s Handbook (the duty to keep the affairs of each client confidential) and pursuant to rule rC89.5 of that Handbook. They do not relate to the circumstances in which a barrister must, for reasons of professional embarrassment such as a conflict of interest, decline to accept a brief or instructions pursuant to rule rC21 of the Handbook.

Guidelines

In devising the system we concluded that consideration should be given to the following areas where a breach could occur:

Informing solicitors

• At the outset of litigation there may be a time when rival parties will not want the fact that they have taken legal advice to be known otherwise than to their advisers. We respect this confidentiality.
• In these circumstances each barrister must ensure that their clerk is aware of the fact and must inform their clerk when the position changes.
• In any event as soon as practicable both barristers should be told of each other’s involvement.
• Once both barristers have been informed, both sets of solicitors should be informed that they have instructed counsel in the same chambers.
• Solicitors should be informed of chambers’ practice in such circumstances, to enable a client to decide if he wishes to continue to instruct the barrister in question.
• Clerks and solicitors should consider whether any variation of chambers’ usual practice is necessary in the particular circumstances.

Clerking

• We provide separate clerking where members appear against each other.
• Solicitors are informed so that they can deal with the relevant clerk.
• Telephone calls can be taken away from the clerks’ room and procedures implemented to separate electronic records to satisfy the client’s requirements.

Papers

• Care is taken to ensure papers are kept confidential to the barrister working on the case.
• Solicitors should be asked if they wish to use a code name for the case, to remove any indication on the outside of papers as to what matter they relate to.
• Where particularly sensitive documents are to be delivered, clerks make arrangements with solicitors to ensure security. We also maintain security by ensuring secure disposal by security vetted waste disposal contractors. We also shred confidential documents if it is thought appropriate so to do.

Diaries

• We maintain secure electronic diaries.
• Individual diaries are not available for inspection by other barristers.
• Chambers does not publish a daily diary page.

E-mails

• Each barrister has a personal e-mail address.
• Clerks are happy to discuss options for encryption of emails where required.

Barristers’ rooms

• Barristers’ rooms are lockable and a number of members of chambers have personal safes to store sensitive documentation.
• We are happy to discuss security measures tailored to specific client needs and concerns.

Discussion amongst members of chambers

• Barristers on opposite sides will not discuss the case with each other, unless instructed to do so.
• Counsel will exercise discretion in discussing the matter with any other members of chambers or other clerks.

For further information please contact the clerks.

All members of chambers are self-employed barristers in independent practice. Whilst chambers staff provide services to all members of chambers, they do not have authority to share any confidential information that they hold in relation to the practice of one member of chambers with another member of chambers or anyone making enquiries in relation to another member of chambers. Nor do members of chambers share such confidential information with each other. In the circumstances, whilst each member of chambers can provide information in relation to their own practice, neither chambers staff nor any member of chambers can obtain  or provide confidential information about the practice of another member of chambers. It is therefore not possible to provide information, for example, as to whether another member of chambers has acted for or advised (whether currently or in the past) any party or related party, save in so far as that is in the public domain.

Brick Court Chambers prides itself on the excellence of its service. If at any time you have any concerns about the quality of the services of our barristers or members of staff you are invited to let us know as soon as possible. Information about making a complaint is available here.

The majority of work undertaken by members of Brick Court Chambers is through referrals from UK solicitors’ firms. Instructions may arise from an established relationship with a barrister, because of a recommendation by a client, or following discussion with one of the clerks about who would be best placed to work on a matter.

Diary bookings and fee negotiations are undertaken by the clerks. All types of fee arrangements are considered, and we are happy to give estimates prior to work being undertaken.

Brick Court Chambers has strict policies in place regarding the double booking of counsel and in the event of opposing counsel being instructed within chambers.

An increasing number of instructions to the Bar are from in-house lawyers instructing barristers directly. This trend has been embraced by Brick Court Chambers, which now works directly with a substantial number of in-house counsel and General Counsel.

Not all cases will be suitable for direct instruction to the Bar (for example where a matter requires a large team) but good examples in our experience include initial advisory work, pre-litigation strategy advice and some instructions for attendance at hearings.

One major advantage of direct instruction is cost. Another is having a single point of contact with your adviser rather than a large team of assistants. As members of chambers appear regularly before courts and tribunals, they have an up-to-the-minute understanding of how the courts will interpret submissions and evidence and consequently how best to structure and prepare them.

We also have the familiarity with the UK legal services market to be able to advise clients on the range of litigation solicitors that may best complement our barristers when needed to assist with progressing a case through to a hearing.

Barristers from Brick Court Chambers are involved in a large volume of international work, frequently instructed directly by lawyers from other jurisdictions, and appearing in courts and tribunals all over the world.

Unlike in some jurisdictions, the legal profession in the UK is divided into two distinct branches - barristers and solicitors. Solicitors are typically in direct contact with lay clients, whereas barristers are generally appointed by solicitors on behalf of their clients for advocacy and advisory work. A persuasive and well-presented argument is a highly-prized and necessary part of the litigation procedure in the UK legal system, and the benefit of a barrister’s experience in this can often give one party an edge.

For international lawyers, instructing an English barrister is a straightforward process. Barristers are all self-employed but share the services of a clerk and administration with other barristers in a collective called a set of chambers. The first point of contact in employing a barrister is through their clerks who manage their diaries and all fee matters. The experienced and knowledgeable team of clerks at Brick Court Chambers, led by Paul Dennison and Tony Burgess, have detailed knowledge of the experience and skills of each of our barristers and are therefore ideally positioned to assist on the best choice of counsel, as well as all aspects of efficient case management. Details of fees for the instruction of a barrister can be obtained from the clerks, who can also provide cost estimates for both barristers’ work and English litigation more generally.

Where a matter so requires, barristers may work in teams of two or more. The flexibility of the chambers system means that they need not necessarily be members of the same chambers. From time to time barristers in the same chambers may be instructed by parties who are on opposing sides of a dispute. These arrangements can seem unusual to some clients, but they may rest assured that there are very specific procedures in place to ensure that confidentiality and the highest standard of ethics are maintained when this occurs. Our confidentiality guidelines can be found by clicking here.

From January 2014 overseas lawyers can instruct and engage barristers directly to conduct litigation in the courts of England and Wales. A barrister can advise you if this is appropriate or not; if the additional involvement of an English solicitor is thought to be more appropriate, we are able to refer you to a very extensive network of firms in the United Kingdom and beyond.

Below are some testimonials from international lawyers who have used barristers from Brick Court Chambers:

“In engagements with four silks and their juniors over several years, I have found Brick Court extraordinarily reliable, practical and responsive. A foreign lawyer should feel at ease instructing Brick Court.”

Michael Socarras, Washington DC

“I had the privilege of working with a silk from Brick Court in major anti trust proceedings in Australia, and there is no doubt that this was a career highlight for me. As an added bonus, I found dealing with the senior clerks and other staff of the chambers to be a real delight - I felt they were very conscious of considering my needs as instructing solicitor and those of my Australian client and went out of their way to make everything run smoothly - so that the time zone and jurisdictional differences seemed non existent.”

Rebecca Davies, Sydney

Direct Public Access to Barristers

Some members of chambers of over 3 years’ call have undertaken the required training to be able to accept instructions directly from lay clients without the involvement of a solicitor or other intermediary. The barrister will be able to draft documents, give written advice and provide advocacy services in courts and tribunals.

Licensed Access

Members of chambers also accept instructions via the Bar Council’s Licensed Access scheme from professionals such as surveyors, accountants, engineers, planners etc who have been granted a licence to instruct a barrister directly.

Please contact the clerks for more information and assistance regarding direct access.

The Public Access Guidance for Lay Clients published by the Bar Standards Board is available here.

Barristers in Brick Court Chambers are regulated by the Bar Standards Board. The Barristers’ Register is an online database which displays details of all barristers who are authorised to practise in England and Wales and who have a current practising certificate. The register will display the dates for which a barrister's practising certificate is valid. It includes information about barristers' practising status, their practising address, the reserved legal activities they are authorised to undertake and whether they have been the subject of any disciplinary findings which are published on its website.

The Barristers’ Register is displayed at https://www.barstandardsboard.org.uk/regulatory-requirements/the-barristers'-register/

Alternatively, you can contact the Bar Standards Board on 020 7611 1444 to ask about this (or e-mail ContactUs@BarStandardsBoard.org.uk).