(1) Membership of or connection with various bodies
Member of the Executive or Legislative Council
Companies
(a) A barrister who is a director or the secretary of any company should not
accept a brief for the company or, in a professional capacity, advise or
settle documents for the company.
(b) A barrister who has been but has ceased to be a director or the secretary
of any company should not act professionally, whether for the company or any
other person, in any matter connected with or arising out of affairs relating
to that company which were current while he was a director or the secretary.
(c) A barrister who has professionally advised a client about his position
as a director or shareholder of a company ought not thereafter to accept a
directorship of that company with a view either to assisting in the investigation
of the company's affairs or advising the company on matters of law affecting
its shareholders; or to accept a directorship as the nominee of the client
on his retirement, in order to watch his interest.
(d) On the other hand, a barrister may, but is not obliged to, accept a brief
to appear at a meeting of the shareholders of a company in order either to
support the policy of the Board or to present the views of a group of shareholders,
and may take a transfer of a share or shares of the company to enable him so
to appear, provided he explains to the meeting that he appears as a paid advocate
and is not necessarily presenting his own views as a shareholder.
(e) There is equally no objection to a barrister, in his private capacity and
not professionally, serving on a shareholder's committee of inspection or otherwise
assisting or acting with the liquidator in the winding-up of a company of which
he is a member.
Professional Organisations
(f) A barrister who is an honorary member of a professional organisation or
an ordinary member of a learned society or association concerned with the
study of legal or medico-legal problems, ought not to act professionally
for or against the organisation, society or association without the consent
of the Bar Council. If he is a member of the Executive Committee or governing
body of such a society or association he should not act professionally for
or against it in any circumstances.
(2) Deputations
A barrister who accepts a brief to speak for a deputation ought
to make it clear at the outset of the proceedings that he
is appearing as Counsel and not as a member of the deputation,
and he ought to abide by the decision of the authority receiving
the deputation as to whether he can be heard as Counsel or
not.
(3) Taxation
It is undesirable that Counsel should, without the express consent
of the lay client, appear for the solicitor on the taxation
between the solicitor and the client of the costs of a litigation
in which the Counsel was retained and acted for the client.
