*/
The Legal Services Commission, in conjunction with the Crown Prosecution Service, has recently raised concerns regarding the keeping of records by barristers in publicly-funded work. The BSB therefore wishes to remind barristers of their duty to give proper regard to the guidance in this area given in Section 6 of the Practice Management Guidelines.
The relevant guidance is as follows:
4. Completion
Chambers should have documented procedures to ensure that, on completion of a case or instructions:
4.1 all work undertaken has been properly recorded, the fees assessed and noted and fee note submitted;
4.2 papers are promptly returned to professional clients, otherwise disposed of or retained, as they may require but always having regard for the content of documentation - which could contain records of personal data. As a data controller in respect of such personal data, it should not be disposed of incautiously. The contents may also be confidential or sensitive and therefore require shredding. The date and method of despatch, and details of the documents returned, must be recorded. It is essential however that counsel or chambers has such documentary proof as is necessary to respond to any complaint, or to justify the fees claimed in the event of a dispute or the necessity of taking legal action to recover unpaid fees;
4.3 records, including counsel's notebook(s), notes of the final results or disposal and copies (possibly in the form of computer records) of counsel's advices etc are retained under chambers or individual arrangements for a defined and appropriate period. This period will differ according to circumstances and the type of work undertaken but is unlikely to be less than six years. However, the nature of the personal data held and the requirement for its retention in respect of any future claims should also be considered. No records should be held longer than is necessary for such purposes.
The full text of the Practice Management Guidelines can be found at: http://www.barcouncil.org.uk/guidance/practicemanagementguidelines/
4. Completion
Chambers should have documented procedures to ensure that, on completion of a case or instructions:
4.1 all work undertaken has been properly recorded, the fees assessed and noted and fee note submitted;
4.2 papers are promptly returned to professional clients, otherwise disposed of or retained, as they may require but always having regard for the content of documentation - which could contain records of personal data. As a data controller in respect of such personal data, it should not be disposed of incautiously. The contents may also be confidential or sensitive and therefore require shredding. The date and method of despatch, and details of the documents returned, must be recorded. It is essential however that counsel or chambers has such documentary proof as is necessary to respond to any complaint, or to justify the fees claimed in the event of a dispute or the necessity of taking legal action to recover unpaid fees;
4.3 records, including counsel's notebook(s), notes of the final results or disposal and copies (possibly in the form of computer records) of counsel's advices etc are retained under chambers or individual arrangements for a defined and appropriate period. This period will differ according to circumstances and the type of work undertaken but is unlikely to be less than six years. However, the nature of the personal data held and the requirement for its retention in respect of any future claims should also be considered. No records should be held longer than is necessary for such purposes.
The full text of the Practice Management Guidelines can be found at: http://www.barcouncil.org.uk/guidance/practicemanagementguidelines/
The Legal Services Commission, in conjunction with the Crown Prosecution Service, has recently raised concerns regarding the keeping of records by barristers in publicly-funded work. The BSB therefore wishes to remind barristers of their duty to give proper regard to the guidance in this area given in Section 6 of the Practice Management Guidelines.
The relevant guidance is as follows:
Kirsty Brimelow KC, Chair of the Bar, sets our course for 2026
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Asks Louise Crush of Westgate Wealth Management
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q and A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
The appointments of 96 new King’s Counsel (also known as silk) are announced today
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB
