It is however now possible for a barrister to become a manager of SRA-regulated LDPs, alongside solicitors, other qualified lawyers and non-lawyers. Most barristers who become managers and employees of recognized bodies are therefore likely to be in SRA-regulated firms. A barrister can also be a manager of a CLC-regulated LDP but as such cannot conduct litigation or exercise rights of audience.
As such, and by virtue of the Act, they will be subject to the whole of the SRA’s Code of Conduct, save to the extent that this is expressed to apply only to solicitors or trainee solicitors. Barristers practicing in SRA-regulated entities will therefore be amenable to the jurisdiction of the SRA and the Solicitors Disciplinary Tribunal in the event of breaches of the SRA rules of conduct. The practicalities of managing disciplinary procedures, when individuals are subject to the regimes of more than one Approved Regulator, will be addressed through the development of Memoranda of Understanding between the relevant Approved Regulators.
Barristers practicing in SRA-regulated entities will remain subject to certain parts of the Bar’s Code of Conduct. These are the provisions that are regarded as necessary or fundamental to all practicing barristers. The provisions of the Code that apply to barristers so practicing are identified in rule 105C.1 of the Code. Barristers practicing in recognized bodies are strongly advised to ensure that they are aware of the provisions of the Bar’s Code that will remain applicable to them. The cab-rank rule does not apply to barristers who are managers or employees of recognized bodies, as it does not apply to employed barristers generally. It is a disciplinary offence under the Bar’s Code for a barrister to be convicted of a disciplinary offence by another approved regulator, such as the SRA. A barrister so convicted therefore is liable to further disciplinary action by the BSB (rule 901.8) so far as necessary in the public interest and proportionate.
