The Authorisation to Practice form asks me if I intend to supply legal services to the public. Is this a question about whether I am Public Access qualified?

No, this is not a question about whether you are Public Access qualified. Instead, it is about who your clients are. Supplying legal services to the public means that a barrister is supplying legal services to any end client who is not their employer. For example, where a barrister is employed by a law firm, a client of that law firm will count as a member of the public. They do not need to be in contact with clients or meet them face-to-face for the definition to apply. They will need to declare that they do intend to supply legal services to the public.

If a self-employed barrister is supplying legal services in their own name to a client, they are also supplying legal services to members of the public. They will also need to declare that they intend to supply legal services to the public.

A non-authorised body is an organisation that is not a regulated entity, and it does not itself provide legal services. A charity or corporate would fit into this category. A barrister employed by a non-authorised body will only be supplying legal services to their employer and other parties listed at rS39. They will not be supplying legal services to the public, and do not need to declare that they intend to supply legal services to the public.

This definition is important in establishing whether a barrister of less than three years’ standing needs a qualified person for supplying legal services to the public, as required by rS20 in the BSB Handbook.

If you have any further questions please email the Bar Council’s ethical enquiries service ([email protected]) or else call them on 020 7611 1307.