BSB Code of Conduct

The Bar Standards Board (BSB) Code of Conduct for barristers in England and Wales is outlined in the BSB Handbook, and it sets out 10 Core Duties that every barrister must follow. These duties form the foundation of professional and ethical standards within the legal profession. Below is an explanation of each Core Duty.

Core Duty 1 – Duty to the Court in the Administration of Justice
A barrister must observe his duty to the court in the administration of justice. This means that his primary responsibility is to the court and he ensure that he acts in a way that supports the fair and efficient operation of the legal system. Barristers must not mislead the court, must present the law accurately, and must act honestly in their dealings with the judiciary. Their duty to the court takes precedence over the duty to their client in cases of conflict, ensuring the integrity of the legal system.

Core Duty 2 – Acting in the Best Interests of Each Client
A barrister must act in the best interests of each client. This means he should provide sound legal advice, competent representation, and making decisions that serve the client’s needs and objectives. However, this duty is balanced by the barrister's obligations to the court and the legal system, so he cannot act in a way that is dishonest or unethical, even if it would benefit the client.

Core Duty 3 – Honesty and Integrity
A barrister must act with honesty, and with integrity. This duty requires barristers to be truthful in all professional dealings and to maintain the highest ethical standards. Integrity involves not only following the rules of the legal system but also upholding moral principles. This ensures that barristers do not engage in deceitful, dishonest, or unethical conduct.

Core Duty 4 – Maintaining Independence
A barrister must maintain his independence. This means he should remain free from improper influence. Independence ensures that barristers provide objective, impartial advice and representation, making decisions based on the law and the best interests of the client, without being swayed by external pressures such as political, financial, or personal influences.

Core Duty 5 – Public Trust and Confidence
A barrister must not behave in a way which is likely to diminish the trust and confidence which the public places in him or in the profession. This core duty requires barristers to act professionally at all times, both in and out of the courtroom. Their actions must reflect positively on the legal profession to maintain the public's faith in the justice system and in the ethical standards of barristers.

Core Duty 6 – Client Confidentiality
A barrister must keep the affairs of each client confidential. This core duty ensures that sensitive information shared between a client and their barrister is protected. Confidentiality is fundamental to the trust between a client and a barrister and helps clients feel secure when discussing personal or sensitive matters. A breach of this confidentiality could undermine both the client's case and the reputation of the profession.

Core Duty 7 – Competent Standard of Work and Service
A barrister must provide a competent standard of work and service to each client. This means that barristers are expected to maintain the necessary legal knowledge and skills to represent their clients effectively. Barristers must stay up to date with changes in the law, remain prepared, and ensure that the quality of their work meets professional standards.

Core Duty 8 – Non-discrimination
A barrister must not discriminate unlawfully against any person. This core duty highlights the importance of equality and fairness within the legal profession. Barristers must treat all individuals with respect, regardless of their race, gender, sexual orientation, religion, disability, or other protected characteristics. Unlawful discrimination is a serious breach of professional conduct.

Core Duty 9 – Cooperation with Regulators
A barrister must be open and co-operative with his regulators. This means that barristers are required to provide accurate information to regulators, comply with investigations or requests, and take corrective action if needed. Cooperation with regulatory authorities is essential for maintaining professional standards and ensuring accountability.

Core Duty 10 – Managing Practice Competently and in Compliance
A barrister must take reasonable steps to manage his practice, or carry out his role within his practice, competently and in such a way as to achieve compliance with his legal and regulatory obligations. This includes managing finances, maintaining client records, meeting deadlines, and ensuring that his practice adheres to all relevant legal and regulatory requirements. Proper management is key to running a successful and ethical legal practice.

In summary, the BSB Core Duties emphasise the importance of acting ethically, upholding the rule of law, maintaining independence, and providing competent, non-discriminatory service. These duties ensure that barristers not only serve their clients effectively but also contribute to the integrity and fairness of the legal system.