50. (a) Subject to such exceptions as may be authorised by custom or the Bar Council as set out in Annex 20, a barrister may not act in a professional capacity except upon the instructions of a solicitor or the Director of Legal Aid or the Government. Notwithstanding that he does so for no fee, a barrister who appears in or drafts a formal document for the purpose of a contentious matter is acting in a professional capacity. There is, however, no objection to a barrister giving advice free on legal matters to a friend or relative or on a charitable basis.

(b) Subject to the Direct Professional Access Rules set out in Annex 19, Annex 19A, Annex 19B, Annex 19C, (Circular No. 109/00), Annex 19D (Circular No. 008/05) and Annex 19E (Circular 053/07), a barrister may accept instructions from a member of a "recognised professional body" without the intervention of a solicitor in any matter of a kind which falls generally within the professional expertise of the members of the recognised professional body. For the purpose of this Code, a "recognised professional body" means a professional body which has been approved by the Bar Council as set out in paragraph 2(f) of Annex 20 for the purpose of "Direct Professional Access work" and "Direct Professional Access work" means work undertaken by a practising barrister pursuant to a brief or instructions delivered by a member of a recognised professional body in accordance with the Direct Professional Access Rules.

51. The rules for the acceptance of instructions by Senior Counsel are at Annex 6.

52. Subject to paragraphs 73 and 73B and to such exceptions as may be authorised by custom or by the Bar Council, a barrister may not appear before any Court without a fee marked on his brief or a statement that no fee is payable or the words "Legal Aid."

53. A barrister may not accept any brief or instructions which limit or seek to limit his ordinary authority or discretion.

54. The papers in any brief or instructions delivered to a barrister are normally the property of the client. The barrister has no right without the consent of the client to lend them or to reveal their contents to any person otherwise than as may be necessary for the proper discharge of his duties as Counsel or Pupil Master.

55. A barrister who finds on receiving a brief or instructions that acceptance of the papers would amount to his replacing another barrister who has previously been instructed in the same matter should inform that barrister that the papers have been delivered to him save where the brief or instructions have been returned by that barrister or the person instructing him in the matter has already informed that barrister of the termination of his service or there has been no reasonable opportunity to inform him before the hearing.

56. A barrister may not, save with the permission of the Bar Council, accept a brief or instructions in any matter with which he has previously been concerned in the course of another profession or occupation, or with which any firm or company in which he has been a partner or director or by which he has been employed has been so concerned during the period of his partnership, directorship or employment.

56A. (a) Subject to sub-paragraph (b), a barrister may, but is not obliged to, accept instructions limited to a particular matter or issue in the proceedings, such as an application to adjourn the proceedings, and may withdraw from further participation in the proceedings after carrying out those instructions.
(b) Apart from instructions to apply for an adjournment of the proceedings or a part thereof, a barrister may only accept limited instructions in criminal proceedings if satisfied that the accused person will continue to be represented after his withdrawal therefrom upon the carrying out of those instructions.
(c) A barrister may not appear before any Court on limited instructions without a brief or backsheet marked with the words "Limited Instructions".
(d) Where a barrister accepts instructions limited to applying for an adjournment of the proceedings or a part thereof, he shall inform the Court before which he has been instructed to appear of the limited nature of his instructions at the first available opportunity after his acceptance of such instructions. (Circular No. 85/95)

Embarrassment and Conflict of Interest

57. No barrister is obliged to accept a brief if he has previously advised or drawn pleadings or appeared for another person on or in connection with the same matter; and he ought not to accept a brief or advise or draft pleadings if he would be embarrassed in the discharge of his duties and, if he has received any such brief or instructions inadvertently, he should return the same. A barrister will be so embarrassed if, for example, he has material information which was entrusted to him in confidence by or on behalf of his previous client.
If, after the delivery of a brief or instructions on behalf of more than one client, there appears to be a conflict of interest between them, a barrister may not continue to act for any such client unless all such clients consent to his so acting and he is able to do so without embarrassment.
Even if there be no conflict of interest, when a barrister has held a brief for any party in any proceeding he shall not accept a brief on an appeal or further stage in such proceeding for any other party without giving the original client the opportunity of delivering a brief to him for such appeal or further stage.

58. A barrister may not accept a brief or instructions in any case where by reason of his connection with the client it would be difficult for him to maintain his professional independence. Examples of the operation of this rule are given in Annex 7.

59. A barrister may not accept a brief or instructions in any case where by reason of his connection with the Court or a member thereof the impartial administration of justice might appear to be prejudiced. Examples of the application of this rule in regard to judicial position and family relationship are given in Annex 8.

60. A barrister may not appear as Counsel:
(a) in a matter in which he himself is a party or has a significant or significant pecuniary interest.
(b) either for or against any company of which he is an officer or in which he has directly or indirectly a significant pecuniary interest. Exceptions may be authorised by the Bar Council. (Examples of the operation of this rule are given in Annex 7.)

61. A barrister may not accept instructions in a case in which he has reason to believe that he is likely to be a witness. If, being engaged in a case, it becomes apparent that he is likely to be a witness on a material question of fact he should not continue to appear as Counsel if he can retire without jeopardising his client's interests.

62. A barrister whose lay client behaves in an offensive manner must nevertheless continue to act unless:

(a) he is justified in assuming that his instructions have been withdrawn (in which event he should discuss the position with the person instructing him in the matter or his representative before withdrawing from the case); or
(b) he finds that his professional conduct is being or is likely to be impugned and he can withdraw from the case at that stage without jeopardising his lay client's interests.

The Return of Briefs

63. (a) If a barrister receives a brief or instructions which he believes to be beyond his competence, he should decline that brief or those instructions and so inform the instructing solicitor.
(b) If a barrister receives instructions and it is or becomes apparent to him that he cannot do the work within a reasonable time, he should inform the instructing solicitor forthwith.
(c) If a barrister receives instructions where a time limit has been set for the completion of the work, and the barrister sees no reasonable prospect of his being able to finish the work within that time limit, he should either return the instructions forthwith or obtain further time from the person instructing him in the matter forthwith.

64. Briefs are in general accepted on the understanding that the barrister concerned may be unavoidably prevented by a conflicting professional engagement from attending the case. A barrister must inform the person instructing him in the matter as soon as there is an appreciable risk that he may not be able to undertake a brief which he has accepted; and he must in any event return that brief in sufficient time to allow for another barrister to be engaged and to master the brief.

65. When a barrister has accepted a brief for the defence of a person charged with a serious criminal offence he should so far as practicable ensure that the risk of a conflicting professional engagement does not arise. If, in the event, a barrister is instructed in a civil case which clashes with instructions to defend a person on a serious criminal charge, he should, save in exceptional circumstances, return the brief in the civil case.

66. A barrister is not justified in returning a brief for a fixed date, when once accepted, in order to attend a social or other non-professional engagement.

[The next paragraph number is 70.]