The Bar Council is seeking views on the introduction of contractual terms as the standard terms for barristers accepting instructions from solicitors in privately funded matters. Sarah Asplin QC explains why the current system is unsatisfactory.
Members of the Bar will recall that the Bar Council had been negotiating with the Law Society over many, many years with a view to introducing contractual terms as the standard basis on which barristers accept instructions from solicitors. These terms would replace the present usual terms, namely “The Terms of Work on which Barristers offer their Services to Solicitors and the Withdrawal of Credit Scheme 1988” (as amended), and the rarely used 2001 contractual version of those Terms, which are replicated in Annexes G1 and G2 of the Bar Code of Conduct.