This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. The staff will be working remotely during this time. Some people are considered to be “clinically vulnerable”, meaning they are at higher risk of severe illness from coronavirus. To date, the Medical Council of India, the Dental Council of India, Council of Architecture and Bar Council of India have asked colleges to put candidates through an online exams or a project. Where barristers feel well enough to attend court, they should ask the judge for permission to appear in court remotely. 3. What financial protection measures apply to me? The Bar Council is keeping the coronavirus situation under constant review. The Bar Council, in turn, elects a president, two vice-presidents, a treasurer and the honorary secretary. The Bar Council of Delhi is an autonomous statutory body constituted under Advocates Act, 1961. Information required from Bar Council of India/Ministry of law and justice. If you want to raise anything regarding your pupillage, please phone the Pupil Helpline on 020 7611 1415 or email PupilHelpline@BarCouncil.org.uk. Introduction 1. The Delhi High Court has directed the Bar Council of India (BCI) to consider framing guidelines prescribing the manner of charging professional fees by lawyers. Enrolment of Advocates is a solemn function and strict discipline should be maintained during the Enrolment function. Important Notice: this document has been prepared by the Covid-19 Working Group established informally by the Bar Council, LPMA and IBC in order to assist barristers and chambers on matters relating to the current coronavirus epidemic. HMCTS has published details about its planning and preparation for the operation of courts and tribunals and how it manages security, cleaning and social-distancing arrangements in court and tribunal buildings during the coronavirus (COVID-19) pandemic. Ask current supervisors to complete a written report of the pupil’s progress to date and set clear and measurable objectives as to what is expected of the pupil during the extended period. With the advent of the 2017 Regulations, HM Treasury asked the LSAG to draft a single piece of guidance for their approval, to be applicable to the whole legal sector in the UK. Email: ContactUs@BarCouncil.org.uk, © 2021 Bar Council. You can also make a confidential report about your concerns regarding coronavirus in court by using the Talk to Spot app. The decision to send pupils to court depends upon the function of the pupil at the hearing. We would encourage AETOs to be as flexible as possible and discuss their updated plans (and any limitations) with their pupil(s). Please note that consideration should be given as to whether the pupillage should be extended in these circumstances. CAPE BAR COUNCIL GUIDELINES FOR DISCIPLINARY ENQUIRIES . (2) of Sec.3 of the said Act also lays down that a State Bar Council with an Electorate exceeding 10,000 Advocates shall … We are also keen to share good practice, so please get in touch if you would like to share your experiences. There are also those at even higher risk, the “clinically extremely vulnerable”, who are advised to continue to stay at home and be “shielded”. before 09:00 on Friday 14 May 2021. As of today it has over 60,000 registered member advocates, making it the largest bar council in the country. The Royal College of Obstetricians & Gynaecologists has produced detailed guidance on coronavirus infection and pregnancy for pregnant women and their families. These include those who are aged 70 and over and those who have an underlying health condition, including pregnancy. Code Guidance. Click above to browse the library or search by keyword. As a last resource, formal complaints about specific courts or tribunal buildings can be raised through HMCTS’ online form. 3. HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak A. Ethics Committee’s assistance document regarding the application of the Cab Rank Rule to criminal legal aid cases. From 1 November 2020, all pupillage recruitment must adhere to the Pupillage Gateway timetable and AETOs must ensure that each stage of the advertising and recruitment process takes place in accordance with it (regardless of whether or not they use the Gateway to administer their process). See a list of ABA entities involved in the Council at the arrow below. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. This page provides a weekly summary of the HMCTS operational position during the coronavirus pandemic. I. If it is not possible for you to attend the hearing remotely, after discussion with the court and your client, you may need to withdraw from the case. See the Bar Council IT Panel’s guidance on Videoconferencing software, data protection and confidentiality, See the Bar Council IT Panel’s guidance on ebundles, See also the Judiciary’s general guidance on PDF bundles. The Council— The powers of the Virginia State Bar shall be exercised by a Council composed of at least thirty-seven members in addition to the President, President-elect and Immediate Past President, as ex officio members, elected and appointed as follows:. Can I go to court? Law final-year exams to be held online: Bar Council of India. The Bar Council of Punjab & Haryana, Chandigarh is an Autonomous body established and constituted in the year 1961 under the provisions of Advocates Act 1961 which provide for establishment of State Bar Councils in Section 3 thereof with a maximum of 25 elected members. During practising pupillage, when a pupil is instructed in a case and is required to attend court in person, the pupil should follow the guidance in the FAQ section “Do I have to go to court?”, discussing any concerns with their supervisor. We are collecting the contact details of visitors to the Bar Council's offices in order to comply with the Government’s 'test and trace' guidance. The following list of guidance is broken down by jurisdiction and circuit. What's happening with the Pupillage Gateway? If you are required to self-isolate look after your physical and mental wellbeing. You can read more about this in our Privacy statement. Telephone: 020 7611 1307 Which courts are open and how is HMCTS managing safety in the courts? Reference should be made to the Handbook: “You must not accept instructions to act in a particular matter if… you are not competent to handle the particular matter or otherwise do not have enough experience to handle the matter” (rC21.8). The Bar Council’s Covid-19 Working Group is in regular communication with HMCTS and issues can also therefore be raised using the email address C19WG@barcouncil.org.uk. 5. guidelines for filing ex-gratia grant application form the advocates welfare fund trustee committee, bar council of delhi The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 state that “where an adult is notified…  that they have tested positive for… coronavirus… after 28 September 2020 or had close contact after 28 September 2020 with someone who has tested positive for coronavirus, or that a child in respect of whom they are a responsible adult has tested positive for… coronavirus… after 28 September 2020 or had close contact after 28 September 2020 with someone who has tested positive for coronavirus” (regulation 2(1)), then they “must self-isolate for the period specified in regulation 3” (regulation 2(2)). Sole practitioners can contact C19WG@barcouncil.org.uk to obtain a confirmation letter signed by a member of the Bar Council’s Senior Management Team. AETOs can review the training programme in line with this report. I have been instructed by NHS to self-isolate. This HMCTS webpage provides advice and guidance for all court and tribunal users during the COVID-19 outbreak and will be updated when new advice is available. Can I go to court if I’ve just returned from a non-exempt country? The Bar Council’s Assistance Programme can be accessed here. 2nd Flr. This year, as a direct result of the current pandemic and ongoing financial crisis, alternative arrangements have been made to allow greater flexibility during the 2020/21 recruitment period. Read the Legal Sector Affinity Group Covid-19 anti-money laundering advisory note. 2. For more information about services the Bar Council provides to the Bar and the wider legal community, please see our main website. Whilst the Bar Standards Board strongly encourages AETOs to adhere to the timetable, they can alternatively make a waiver application to run their pupillage recruitment process any time between 1 November 2020 and 31 August 2021, but they cannot make offers before the closure of the Gateway i.e. It will be regularly updated. If they do not feel well enough, or cannot participate remotely, then they are reminded that, under rule C26.3.b of the BSB Handbook, they may cease to act on a matter on which they are instructed and return their instructions if they are self-employed and illness makes them unable reasonably to perform the services required in the instructions. The Bar Standards Board has also issued guidance about pupil supervision. The information below is updated regularly to reflect the most recent guidance for the Bar. We are encouraging barristers to use the app wherever possible, as we are using the anonymous reports that we receive through it to form the basis of our broader discussions with HMCTS and other relevant stakeholders. For any specific queries about the coronavirus crisis and how it impacts the Bar, please email the Bar Council, LPMA and IBC Working Group at C19WG@BarCouncil.org.uk. In summary, it is suggested that professional users should first raise their concerns locally with a member of staff whilst on site or immediately thereafter. 4) Regulations 2020, which states that people may leave their home do so in order to “for the purposes of education or training”. If you consider that you are now under a duty to compensate the client, the money you pay to the client is coming out of your funds, and therefore you have not been holding client money. (Copy) 2. New Bar Qualification Rules The fourth edition of the Handbook includes the new Bar Qualification Rules. For any specific queries about the coronavirus crisis and how it impacts the Bar, please email the Bar Council, LPMA and IBC Working Group at C19WG@BarCouncil.org.uk. The Bar Council of India, or BCI, has allowed online exams for final-year students but also left the university to decide. All rights reserved 2019, Young Bar seminar: Managing your finances during a crisis, Courts reopening, listings and backlogs, Covid-19 BBA fund and more, All government guidance on COVID-19 can be accessed here. Due to the fact that the Government has suspended all travel corridors, barristers can no longer break the period of self-isolation in order to fulfil a legal obligation by participating in a legal proceeding under Regulation 4(9)(c) of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020. Bar Council of India may have rules to register LLP advocate firms . I have been paid a fee by a public access client but the hearing has been cancelled. London WC1V 7HZ The Karnataka State Bar Council has come up with Covid-Surakasha Policy for the advocates who are the members to Karnataka Advocates’ Welfare Fund Trustee Committee. Resources are available on the Wellbeing at the Bar website which includes a confidential telephone support and counselling service (Assistance Programme), as well as a wide range of wellbeing fact sheets, videos, self-help programmes, interactive tools and educational resources. "The Bar Council's requirement of a scribe not qualified more than 12 th pass shows its regressive mindset towards the equal right of disabled candidates to appear in … VII should be present to move the Enrolment of candidates. Photographers duly authorised by the Bar Council alone are permitted inside the Enrolment hall. It is updated this every Friday at 17:00. Use of Skype for Business and MS Teams in Remote Court Hearings, The Bar Council IT Panel’s guidance on ebundles, Birmingham QB and County Court - notice for court users. If you live with someone who is clinically extremely vulnerable, you are not required to be “shielded” yourself but you should carefully follow the guidance on social distancing. Can I go to court? Please see the Covid-19 pages on their sites (hyperlinked below) for further information. The BCI stated that all centres of legal education are required to adhere to its exam guidelines issued on Tuesday. See also the Judiciary’s general guidance on PDF bundles and The Bar Council IT Panel’s guidance on ebundles. The Bar Council may dispense with, or relieve against, the requirements in 1d, e and f. in whole or in part. It has been prepared in good faith, but neither the Bar Council, LPMA nor IBC nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. Please see the letter from the CEO of the CPS giving the CPS’s COVID-19 statement of principles regarding payment of counsels’ fees. In a recent email to the profession Chair of the Bar, Derek Sweeting QC, confirmed that barristers continue to be included in the Government’s list of critical (or ‘key’) workers and fall under the heading of “those [persons] essential to the running of the justice system”. Coronavirus (COVID-19): courts and tribunals planning and preparation, Courts and tribunals tracker list during coronavirus outbreak, HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak, Keeping court and tribunal buildings safe, secure and clean. How can I raise a concern about the safety of a court or tribunal building? For details of how to … We recognise that there is significant disruption to work patterns at present, but it is not appropriate to ask pupils to take on that burden without sufficient training or support. Which video-conferencing software is best for data protection and confidentiality when working remotely? This page holds a tracker list of open, staffed and suspended courts during the coronavirus outbreak. telephone helpline assistance and resources, Summaries of Bar Council Covid-19 Q&A webinars. If you’re asked to do something against the rules or if you see something you’re worried about in court, you can report it on Talk to Spot. guidelines for filing ex-gratia grant application form 0. posted on july 13th, 2020 in circulars & notices, news & events. When the fee is received by you it becomes your money (because gC107 in the BSB Handbook says that a fixed fee paid in advance is not client money for the purposes of rC73). Our recent reforms to education and training for the Bar aim to ensure that training to become a barrister is more accessible, affordable, and flexible, and that it maintains the high standards of entry expected at the Bar. Judiciary.UK COVID-19 advice and guidance page, Inns of Court College of Advocacy, Principles for Remote Advocacy, Birmingham QB and County Court - notice for court users (updated 25 June 2020), Updated Civil Justice Protocol Regarding Remote Hearings (26 March 2020), Practice Direction on Video or Audio Hearings in Civil Proceedings during the Coronavirus Pandemic (25 March 2020), COMBAR guidance on remote hearings, version 2 (23 June 2020), Chancery Bar Association collated protocols and practice directions relating to Coronavirus, Administrative Court Information for Court Users (12 October 2020), Administrative Law Bar Association, Guidance to Advocates on Remote Hearings (May 2020), General guidance about remote tribunal hearings: Pilot Practice Direction: Video/Audio Hearings in the First-Tier Tribunal and the Upper Tribunal (2 April 2020), Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (19 March 2020), Employment Tribunals in England & Wales and in Scotland – FAQs arising from the Covid-19 pandemic (1 June 2020), Employment Tribunals – Hearing arrangements from 16 April 2020 (9 April 2020), General Regulatory Chamber – Chamber President’s Guidance on Ways of Working during Coronavirus Outbreak (23 March 2020), Health, Education and Social Care Chamber: Guidance from the Chamber President and Deputy Chamber President of HESC regarding the Special Educational Needs and Disability, Care Standards and Primary Health Lists jurisdictions: launch of the first paperless, digital tribunal jurisdictions (19 March 2020), Upper Tribunal Immigration and Asylum Chamber, Presidential Guidance Note No.1 2020: Arrangements during the COVID-19 Pandemic (23 March 2020), section E deals with remote hearings, Presidential Guidance on the Conduct of Proceedings in the Lands Chamber (Upper Tribunal) during the COVID-19 Pandemic (1 May 2020), Social Entitlement Chamber (First-Tier Tribunal): Asylum Support: Arrangements During the COVID-19 Pandemic (31 March 2020), FTT Tax Chamber, Updated Guidance for users on the Administration and Conduct of Proceedings in The First-Tier Tribunal Tax Chamber (25 March 2020), Upper Tribunal Tax and Chancery Chamber, Guidance on the Conduct of Proceedings in the Upper Tribunal, Tax and Chancery Chamber during the COVID-19 Pandemic (23 March 2020), Planning Inspectorate COVID-19 Guidance (29 September 2020), The Remote Access Family Court, version 5 (26 June 2020), Covid 19 National Guidance for the Family Court (19 March 2020), Court of Protection Bar Association, Guidance on Effective Remote Hearings (8 April 2020), Remote Access to the Court of Protection Guidance (31 March 2020), Court of Appeal guidance on children cases: Re A (Children) (Remote Hearing: Care and Placement Orders)  EWCA Civ 583, Court of Protection, Additional Guidance 1 (13 March 2020), Court of Protection, Additional Guidance 2 (18 March 2020), Court of Protection, Additional Guidance 3 (24 March 2020), Livelink or Attendance Framework for London & South East Magistrates’ Courts (Crime), Senior Presiding Judge letter to the Bar Council 17 July, HMCTS Video enabled criminal hearings: guidance for defence practitioners, HMCTS COVID19 Video Remand Hearing Instructions for Defence Advocates. If you are a pupil supervisor or you are otherwise involved in pupillage within your AETO, and you would like further support or guidance, you can get in touch with the Pupils’ Helpline on 020 7611 1415 or email PupilHelpline@BarCouncil.org.uk. Those travelling to the UK must also show proof of a completed passenger locator form at the border and self-isolate for a period of 10 days upon entry. Current government advice is that these people should take particular care to minimise contact with others outside their household. Support the Bar Council. As of 04:00 on 18 January 2021 and in accordance with government guidelines, barristers entering the UK will need to provide proof of a negative coronavirus test before they leave the country that they are travelling from. PRELIMINARY INVESTIGATION . This includes those who are shielding (as set out in the government advice). What library resources are available from the Inns of Court? Bar Council. In these instances, the Bar Council suggests that AETOs should exercise caution, examining the need for the pupil to attend in person, and be aware of the concerns that might be raised by the pupil. The Direct Access Panel have raised this query with the BSB and following that discussion the Bar Council takes the view that provided you have acted in good faith you will not have breached the general prohibition on holding client money in rule C73. Ensure that you maintain strong channels of communication to make pupils feel as comfortable as possible, particularly when raising hygiene issues if they arise. The Lord Chief Justice has further confirmed that no participant in legal proceedings should be required by a judge or magistrate to attend court unless it is necessary in the interests of justice. Please see the summary of existing measures, which will be updated as necessary. 2 The CNB formed a Working Group to draft the Guidelines in response to what many practitioners in the country still consider a "new, dynamic, and booming" area within the legal profession. Bar Council Guidelines. Printer-Friendly Version. During non-practising pupillage and on other occasions when the pupil is not instructed in the case, the decision to send a pupil to attend court is one for individual AETOs. The application form is appended in the Karnataka State Bar Council website ksbc.org.in. 289-293 High Holborn RTI Question 1. Give consideration to paragraph 1.28-1.29 in the. Can I pay the money back without breaching the prohibition on holding client money? Be mindful of putting undue pressure on pupils to accept instructions that are not appropriate for their competence or level of experience. The first meeting of The Madras Bar Council was held on 9th October, 1928 and it was inaugurated by the Hon'ble Chief Justice of the Madras High Court Sir V.N.Cooutts Trotter, Bar-at-Law. On July 2, 2020, France's national bar council—the Conseil national des barreaux ("CNB")—released comprehensive guidelines that outline best practices and ethics considerations for attorneys conducting internal investigations in France and elsewhere (the "Guidelines"). Clause (b) Sub-Sec. We are providing all necessary information about Bar council Advocateship Enrollment Exam (MCQ, Written, Viva) ,High Court Permission (Written, Viva) along with guidelines for the exams. Ask current supervisors to complete a written report of the pupil’s progress to date. The Bar Council Please see the LAA’s guidance on financial relief for legal aid practitioners. The fact that barristers are classified as critical workers means that they should be able to travel, stay in alternative accommodation and send their children to school in order to undertake work and fulfil their obligations to their clients. Pupil supervisors should reference their training programme and assess whether any elements can be completed remotely. Self-isolation or remote working can feel lonely, so keep in touch with people virtually. From this page, you can download Code Guidance to assist you in complying with your obligations under the BSB Handbook. As the intention is to limit to the greatest possible extent the number of people classed as critical workers, chambers’ employees are unfortunately not currently included as critical (or ‘key’) workers. If you believe that the arrangements do not meet the HMCTS requirements, you should raise this with the senior HMCTS manager at court and the judge, whose decision it is if the court should remain open and the hearing continue. Furthermore, HMCTS has now stated that you should not come to their court buildings if you have coronavirus symptoms or you have tested positive for coronavirus or waiting for a test result. However, the Bar Council has publicly advised that no one, including barristers, should go to court if they have tested positive for coronavirus or have symptoms, and that they should, instead, self-isolate. In a recent email to the profession, Chair of the Bar, Derek Sweeting QC, confirmed that the position of the Bar Council and Circuit Leaders is that barristers should continue to attend court unless they are instructed not to do so by the judge conducting the hearing. Please contact the Ethical Enquiries Service if you would like to discuss your ethical issue. Under Schedule 3A, Part 1, Section 2(5)(e) of The Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020, which covers the Government’s prescribed exceptions for leaving a home located in a Tier 4 area, people may do so in order to “fulfil a legal obligation or to participate in legal proceedings”. The Bar Council’s Ethical Enquiries Helpline receives regular requests for assistance from barristers who attend court only to find that their lay client has absconded. Courts and tribunals tracker list during coronavirus outbreak Read guidance on managing the return to work in chambers from the C19WG, Use the Template Risk Assessment for Chambers (July 2020) to help manage the return to work in chambers, Read the summary of the June 2020 Chambers senior staff return to work survey. Stated that you may also find the Bar, Restrictions ) ( England ) Regulations 2020 in court remotely,... 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