Introduction
1.Many chambers display on their doors the names of, or otherwise advertise an association with, individuals who are not barristers in independent practice. However, the precise role of such individuals and the nature of their association with chambers is not always clear. It is important that all members of chambers and clerks, as well as the individuals themselves, have a clear understanding of the position of such individuals. The purpose of this guidance is to clarify the forms of association which are permissible.
2. Paragraph 403.1 of the Code of Conduct prohibits a barrister in independent practice from practising from the office of or in any unincorporated association (including any arrangement for sharing the administration of his practice) with any person other than another barrister in independent practice or any of the following:
(a) a registered European lawyer;
(b) subject to compliance with the Foreign Lawyers (Chambers) Rules and with the consent of the Bar
Council a foreign lawyer;
(c) a non-practising barrister;
(d) a person who is:
(i) a lawyer from a jurisdiction other than England and Wales;
(ii) a retired judge; or
(iii) an employed barrister to the extent that that person is practising as an arbitrator or mediator.
3. In considering the effect of this rule, it is useful to distinguish between three categories of person:
(1) Individuals who wish to provide legal services through chambers; (2) Individuals who wish to provide non-legal services through chambers; and, (3) Individuals whose connection with chambers is purely honorary. Individuals who provide legal services
4. The essential concept of a barristers' chambers is of a group of barristers in independent practice who provide legal services in association with one another and for this purpose share accommodation and other facilities (including clerking). As a general rule, the members of chambers may not permit any individual who is not a barrister in independent practice to provide legal services from or in association with the chambers. So, for example, whilst there is no restriction on granting a purely honorary membership of chambers to a legal academic (see below), such a person may not accept instructions through chambers to provide legal advice or other legal services to clients, unless he or

she is qualified as a barrister and holds a current practising certificate as a barrister in independent practice. It would therefore be wrong to suggest in any chambers' advertising that any individual who does not satisfy the requirements of paragraphs 202 and 402 of the Code of Conduct is available to accept instructions through chambers. In the Bar Council's view, to describe someone as a "door tenant" of chambers is capable of conveying such a suggestion.
5. There are two exceptions to this general rule. Paragraph 403.1 allows (i) a registered European lawyer, or (ii) a foreign lawyer, to be a member of chambers or to practise from or in association with chambers. In the case of a foreign lawyer, the head of chambers (or if there is no head of chambers, every member of chambers) must comply with the Foreign Lawyers (Chambers) Rules set out at
Annex H of the Code of Conduct, which include a requirement to obtain the prior written consent of the Bar Council.
Individuals who provide non-legal services
6. The same general rule applies to the provision of non-legal services. Thus, it would not be permissible for the members of chambers to allow a member of another profession (e.g. an accountant or surveyor) to share the same accommodation or to accept or offer to accept work through or in association with chambers.
7. There is one exception to this, which relates to acting as an arbitrator or mediator - activities which do not fall within the definition in the Code of Conduct of "legal services". Paragraph 403.1 expressly permits members of chambers to allow a non-practising barrister, an employed barrister, a lawyer from a jurisdiction other than England and Wales or a retired judge who wishes to practise as an arbitrator or mediator to carry on such a practice through or in association with chambers. This would include a retired judge from a jurisdiction other than England and Wales. However, the exception does not extend to any other individuals who wish to practise as arbitrators or mediators.
Individuals who do not provide services
8. It has long been the practice of barristers' chambers to advertise on the door and in chambers' literature the connection with the chambers of former members who have since become judges.
Paragraph 403.1 of the Code does not prohibit this practice, since the barristers in the chambers do not share their accommodation or the administration of their practices with such individuals.
9. Similarly, the Bar Council does not consider that the rule prohibits barristers in self employed practice from offering associate or honorary membership of chambers to legal academics or others.
However, as explained above, it must not be suggested that such individuals are available to accept instructions or to provide legal services to clients through chambers, unless they are entitled to do so.
10. The Bar Council considers that it would be inappropriate for barristers in self employed practice to offer honorary membership of chambers to an individual who instructs or might instruct a barrister in the chambers as a professional client or who does not have a significant and relevant connection with the law.
January 2008
Standards Committee