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CODE OF CONDUCT

DELEGATION OF WORK
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80. Except as provided in paragraph 151, a barrister may not hand over his brief to another barrister to take his place and to conduct the case as if the latter barrister had himself been instructed unless the person instructing him in the matter consents.

81. A barrister who has been instructed to draft any document or advise in writing may not delegate this responsibility to another barrister; but he may obtain assistance in the performance of such work provided he makes himself personally responsible for the contents of the completed work.

82. It is the duty of a barrister who arranges for another barrister to undertake work on his behalf (other than a Pupil or a person who has asked to do the work in order to increase his own skill or experience):

(a) to pay proper financial remuneration for the work done;
(b) to make payment within a reasonable time and in any event within two months after the work has been done, unless otherwise agreed in advance with the barrister concerned;
(c) to deal with payment for such work himself and not delegate responsibility to anyone else.

Proper financial remuneration in respect of the conduct of hearings involving evidence or argument, or the execution of paper work, should not ordinarily be less than half the fee charged by the principal.

In respect of the holding of a brief for a hearing which the principal barrister may not be able to attend but which he in fact does attend, and in respect of any other work not mentioned above, the remuneration should be such as to compensate the other barrister adequately for the work done, the time spent and the expense (if any) which he has incurred. Although the provisions of this paragraph do not apply to work done by Pupils, and although a Pupil has no right or expectation to receive remuneration from another barrister for whom the Pupil has undertaken work at any stage of his pupillage, the said barrister should remunerate the Pupil where the Pupil has done work of value to him at any stage of his pupillage.
(Circular No. 051/07)

83. In a Legal Aid case, the barrister who carries out the actual work which is the subject of a brief or instructions shall, as between the barristers concerned, be entitled to the fee. When a barrister carries out part only of such work, division of the fee shall be a matter of arrangement between the barristers concerned and the Legal Aid Department.

84. A junior barrister may accept a brief to take notes for a party to an action or for some person interested therein, but, if so instructed, he may not take any part in the trial or hearing or do anything other than comply with his instructions.

[The next paragraph number is 90.]

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