Solicitors liability for barristers' fees: Revision to Principle 12.04 of the Guide.

1. The Council has resolved that non-payment of the proper fees of a barrister shall not constitute professional misconduct where there is reasonable excuse for such non-payment.

2. The following shall apply to all arrangement for barristers' fees save where there is a pre-existing agreement or arrangement subsisting at the date of this circular. (20th January 1997)

The Revised Principle: 12.04 of the Guide

3. Paragraph 12.04 of the Guide has been revised as follows:

"In the absence of reasonable excuse a solicitor is personally liable as a matter of professional conduct for the payment of a barrister's proper fees. Failure to obtain funds on account of a barrister's fees shall not of itself constitute reasonable excuse."
(Commentaries are unchanged.)