InBrief

Standards

The Bar Association conducts an ethical guidance scheme whereby barrister members of the New South Wales Bar Association can seek urgent ethical guidance. The scheme operates in the following manner:

• Barristers may contact senior counsel currently serving on the Association’s professional conduct committees. In urgent cases the contact may be by telephone.

• The names and telephone numbers of senior counsel can be obtained by telephoning the Association’s Professional Conduct Department (phone 9232 4055)

• The names of senior counsel serving on professional conduct committees are also available on the Bar Association website on the Appointments page that lists all Bar Council committees http://www.nswbar.asn.au/the-bar-association/appointments

• If the barrister wishes to have a record of the discussion with senior counsel, he or she should send a letter to senior counsel as soon as is practicable, recording the facts and the guidance given. A copy of the letter to senior counsel may also, if the barrister wishes, be sent to the Director, Professional Conduct.

• However, any decision and all responsibility is that of the individual barrister. The role of senior counsel is to provide an opportunity for discussion to assist members in reaching a conclusion, not to give legal advice or a 'ruling'. (A previous system for providing ‘ethics rulings’ to barristers was reviewed by the Bar Council some years ago and is no longer in place).

• Members should, of course make themselves familiar with the Legal Profession Uniform Conduct (Barristers) Rules 2015. The rules are available on the Bar Association website, uniform law page http://www.nswbar.asn.au/for-members/uniform-law and the New South Wales legislation website http://www.legislation.nsw.gov.au/#/

• There is no provision in the current barristers’ conduct rules for the Bar Council or President to waive compliance with any rule.

• Similarly there is no provision in the rules requiring the approval of the Bar Council or President (as was the case with the previous rules 96 and 99(n)).

• If you have any questions about the ethical guidance scheme please contact the Association’s Professional Conduct Department (on phone 9232 4055 or at pcd@nswbar.asn.au )