Download Becoming a Sole Practitioner

Becoming a Sole Practitioner
Introduction
This guidance provides information and advice for barristers who are considering whether to establish
themselves as sole practitioners. If there are any further questions, the Professional Ethics
Department at the Bar Council (020 7242 0082) or representatives of the Sole Practitioners Group
(see below) can provide further details.
The Rules
The Code of Conduct provides that barristers may practise on their own provided that they have
practised for a total of three years following the completion of pupillage with full rights of audience in
the chambers or office of a qualified person (paragraphs 203 and 204). It may be helpful to note that:
• a "qualified person" is either a solicitor or barrister who has been in practice for 6 years out of the
last 8 and who has held full rights of audience for at least the last 2 years or has otherwise been
designated by the Bar Standards Board as a qualified person;
• any barrister who has practised for three years from chambers following pupillage is entitled to be a
sole practitioner;
• periods of "squatting" in chambers count towards the three years;
• periods spent in employment as an employed barrister with full rights of audience after 31st July
2000 will count towards the "three year rule";
• the period of 3 years need not be continuous: breaks may be taken provided that the total time spent
in practice amounts to 3 years;
• if you are practising in a dual capacity, for example working part-time as an employed barrister and
part-time as a self-employed barrister, you must work with a qualified person in both capacities. You
may not therefore set up as a sole practitioner in your spare time even if you work with a qualified
person in your employed capacity.
In certain circumstances, the Bar Standards Board will consider waiving the "3 year rule" where, for
example, an emergency has arisen or an individual is sufficiently well qualified for it to be
unnecessary to apply. These waivers are granted sparingly and are not automatic. It will also consider
allowing a person working elsewhere to act as the qualified person subject to being satisfied that
appropriate supervision arrangements are in place. The Qualifications Department of the Bar
Standards Board (020 7611 1444) can advise on how to apply.
Assuming you meet the basic qualification, you do not need special permission from the Bar
Standards Board in order to establish your own chambers. You should, however,
• inform the Bar Council immediately of the address from which you will be practising and the
telephone number (this is of considerable importance and is your responsibility - it is not sufficient to
rely on your former chambers to do so);
• inform the Bar Mutual Indemnity Fund (0207 621 0405) of your new status - they are unlikely to
require an additional premium.
Finally, you should note the requirements in the Code of Conduct to administer your practice
efficiently and to have an effective complaints procedure. (see paragraphs 403.5 and 404.1-404.3.
You should also note the restrictions on sharing office facilities and premises in paragraphs 403.1 403.4
Please note that the Bar Council will check whether you meet the rules. The Bar Council's records are
not always complete -particularly if you have spent time squatting or have been away from practice for
some time. When notifying the Bar Council you should therefore provide a brief resume of your time in
practice -particularly if you are very close to the 3 year requirement.
The Bar Council will notify the Circuit on which you are practising and your Inn of Court. A
representative of the Circuit will normally call to see you to provide advice if they can.
Things to consider
Before deciding to practise alone, you should think carefully, not merely about how to comply with the
Code but also about how you will deal practically with the different regime involved.
The advantages of sole practice can include:
• reduction in the costs of running a practice;
• freedom from the constraints of Chambers policies (or lack of them);
• control of your administration and marketing;
• a freer lifestyle in running your practice;
• no travelling to chambers so saving time and money.
Disadvantages can include:
• increased administrative burdens which are ongoing and not just limited to the initial setting up;
• lack of support to expand the practice and isolation from others, limiting exchange of views;
• difficulties with work that has to be returned;
• receiving fewer returns
Individuals will weigh these issues in different ways but you should think about:
• whether solicitors will continue to brief you if you are on your own;
• how you will inform/market yourself to solicitors;
• how you will deal with returned work;
• what administrative support you need in place.
The Sole Practitioners Group may be able to provide advice on these points.
Frequently Asked Questions
Do I need to have a clerk?
No. The requirement is simply that you administer your practice efficiently. You need to assess
whether you will be able to undertake the necessary administration yourself or whether you need
somebody else to assist. If your practice is largely paper-based, then you can probably manage
without any assistance. Most sole practitioners manage without a clerk.
What is meant by "efficient administration"?
Essentially, you need to have the office systems which will ensure that, amongst other things:
• briefs and instructions are logged in on arrival;
• you have adequate facilities to ensure that work is completed in good time and do not take on more
work than you can manage;
• you have suitable diary facilities to identify clashes of dates of hearings, conferences and other
appointments at the earliest possible stage and to remind you of those appointments;
• you keep adequate records of your work;
• fee notes are sent out in good time and adequate records of fees are kept;
• you have effective arrangements for handling complaints and inform clients about them;
• you have regard to the Equality and Diversity Code for the Bar;
• you are able to identify and take notice of all relevant guidance and rule changes issued by the Bar
Standards Board.
There is no single right way of achieving this. Due to the diverse nature of sole practitioners' practice
no specific software package can be recommended. You would be wise to consider the requirements
of Quality Mark accreditation, so if you apply your system is already in place. The longer the system
has been in place the more impressive it will be to the person who assesses your application.
What is meant by "access to adequate library facilities"?
The facilities must be adequate for the nature of your practice and to ensure that you are up-to-date
on the areas of law in which you specialise.
You do not actually have to have a library in the place where you practise. If you practise from London
or within easy travelling distance, access to an Inn's library is likely to be sufficient. Many sole
practitioners outside London have access to local university Law libraries which are also likely to be
sufficient.
The majority of barristers do much of their preparation in the evening and at the weekend. Also
solicitors expect a prompt answer to their questions. Consequently it will normally be necessary to
have access to the relevant textbooks in your area of practice. Some of the law reports will also be
useful. It is important to keep your books up to date. Web sites contain much of the information
including statutes, statutory instruments and cases to which you will need to refer.
There is a substantial amount of information available over the Internet and on CD-ROM. In many
cases this, of itself, will be sufficient for many practitioners' needs.
How can I market myself to solicitors?
In any way which is consistent with the advertising rules - you can contact solicitors directly (provided
that it is not so frequent or obtrusive as to cause annoyance), provide details of your skills, experience
and fees. You should not, however, make direct comparisons with other professionals - (see
paragraph 710.2(c) of the Code).
Can I negotiate my own fees?
Yes.
Can I practise from my own home?
Yes.
Do I have to have my name outside the place where I practise?
No.
Where can I hold conferences?
Conferences can be held wherever is convenient. There is nothing to stop them taking place in
solicitors' offices, or your own office.
What equipment and support will I need?
This will depend on the nature of your practice. A computer with Internet access is likely to be
necessary. Solicitors, your opponents and the courts will expect to be able to contact you by email
and to send instructions to you by email or fax. In looking at your likely computer needs it is sensible
to over - rather than under-estimate your likely needs. This applies particularly to the power of the
computer and the size of its memory. DX membership adds status but is expensive. A shared DX is
best.
Sources of Advice
If there are matters that are not covered in this leaflet or if there are issues on which you need further
advice or guidance, the following places may be able to assist:
The Bar Council, Professional Ethics Department - 020 7242 0082
BMIF - 020 7621 0405
Bar Mark/Quality Mark
100E Great Portland Street
London
W1W 6PB
Tel: 020 7636 6323
Fax: 020 7436 3544
DX: 94252 Marylebone
Bar Sole Practitioners' Group - Contact Numbers:
East Anglia
Lorraine Webb - 01245 248341
London
Wendy Datta - 07785 564775
Philip Proghoulis - 020 8788 1238
Midlands
Karen Boyes - 01234 720952
North
Fauz Khan - 07973 133594
Southern England
Doug Cracknell - 01959 522325
West Country
Elizabeth Hailstone - 01179 624138
Last reviewed: January 2011
Standards Committee