Gordon Gekko
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Why would you do that?
Why would you do that?So if I was to let it be known during the document upload stage that I was aware of the relationship between client & BL & the breach of codes of conduct they wouldn’t be bothered?
If @Pink Lady 22 is the respondent in this case?Why would you do that?
It’s hard to know and I suspect would depend on the attitude of the adjudicator adjudicating the complaint. Also it might depend on the WRC’s representation policy, if there is one.So if I was to let it be known during the document upload stage that I was aware of the relationship between client & BL & the breach of codes of conduct they wouldn’t be bothered?
What breach of ethics precisely?But on the other hand, once the WRC is on formal notice of an ethical issue concerning a lawyer representing a client appearing before it, the WRC might seek to have the matter rectified before dealing with the complaint by the appointment of a Solicitor. The rationale here being that the WRC as a statutory body cannot be seen to be facilitating a breach of ethics of a member of a professional body.
Go back to the start of the thread and see the specific provisions of the Bar Code of Conduct I’ve referenced.What breach of ethics precisely?
I'm pretty certain there is no requirement anywhere prohibiting a barrister representing in an adversarial forum a client with whom they're previously acquaintanted.
Not really.If the person involved in the case is lucky enough to be able to call on a close friend who happens to be a barrister, your concern about them being lumbered with
must presumably turn to dust?
But if, as presumably is the case, the barrister will be charging their close friend less than the going rate, your claim that they willNot really.
If the close friend is compelled to involve a solicitor because of the rules of his professional body, the additional layer of representation will ultimately be borne by the complainant.
simply won't be the case.have an expensive multi-layered legal team.
At best you’re only delaying the inevitable. A complainant is entitled to representation and you will be seen to have made this as difficult as possible for him/her, for reasons that appear petty.So if I was to let it be known during the document upload stage that I was aware of the relationship between client & BL & the breach of codes of conduct they wouldn’t be bothered?
Go back to the start of the thread and see the specific provisions of the Bar Code of Conduct I’ve referenced.
3.4. In contentious matters, save for the purpose of acting in proceedings in
accordance with Rule 5.25 Barristers should not take instructions directly from a client. Barristers shall not visit a client in prison unless attended.
Those provisions do not advance your claim one bit. In fact they undermine it.5.25. Barristers appear in any court as of right and not by courtesy of the Court and it is not necessary or desirable that they should be introduced to the Court by a solicitor or any of its officers.
Well I can’t think of any circumstances where the combined cost of a barrister and solicitor (even on mates’ rates) is going to be anything other than expensive but if you’re telling me you know otherwise, I accept that.But if, as presumably is the case, the barrister will be charging their close friend less than the going rate, your claim that they will
simply won't get the case.
Why? I'm aware of cases where barristers have acted for friends and other close associates without charging a dime.Well I can’t think of any circumstances where the combined cost of a barrister and solicitor (even on mates’ rates) is going to be anything other than expensive but if you’re telling me you know otherwise, I accept that.
A barrister generally cannot take instructions directly from a client in the absence of a Solicitor.Those provisions do not advance your claim one bit. In fact they undermine it.
Hi Salvadore - I plan to represent myself at the wrc - I’m confident in my case but am very nervous. I also believe that this BL ‘coached’ his client friend during a HR process. I’m taking this all the way if I have too. I owe it to my employees that may lose their jobs if things don’t go to plan. If I can lose this BL at the early stages all the better.At best you’re only delaying the inevitable. A complainant is entitled to representation and you will be seen to have made this as difficult as possible for him/her, for reasons that appear petty.
Don’t expect too much sympathy from the adjudicator.
A barrister generally cannot take instructions directly from a client in the absence of a Solicitor.
Where the client contacts a barrister directly, the barrister should do nothing until contacted by the client’s solicitor or if urgent, the Barrister can contact the client’s Solicitor.
In the within case, there is no Solicitor on record. And the barrister is acting on foot of the client’s direct instructions. WRC matters are contentious by nature.
It naturally follows that where no Solicitor is on record, the Barrister acting in the WRC forum in the absence of a Solicitor is acting in breach of the Code.
A Barrister can act in a contentious forum alone, but needs a Solicitor on record.
It really is that clear. I can’t see how what I’ve said undermines my position.
I'm pretty certain there is no requirement anywhere prohibiting a barrister representing in an adversarial forum a client with whom they're previously acquainted.
Even if you can "lose" the BL - which presumably means them not being permitted to be present at the hearing - you have absolutely no control over them "coaching" or otherwise advising the other party. Seems to me that you should focus on arguing your own case on its own merits rather than trying to interfere with the other party's approach?Hi Salvadore - I plan to represent myself at the wrc - I’m confident in my case but am very nervous. I also believe that this BL ‘coached’ his client friend during a HR process. I’m taking this all the way if I have too. I owe it to my employees that may lose their jobs if things don’t go to plan. If I can lose this BL at the early stages all the better.
That’s the best advice possible.Even if you can "lose" the BL - which presumably means them not being permitted to be present at the hearing - you have absolutely no control over them "coaching" or otherwise advising the other party. Seems to me that you should focus on arguing your own case on its own merits rather than trying to interfere with the other party's approach?
Is your confidence well-founded?Hi Salvadore - I plan to represent myself at the wrc - I’m confident in my case but am very nervous.
Good.We know all that.
Is your confidence well-founded?
Is it based on what you believe to be natural justice or an understanding of the person’s case relative to the relevant legislation.
In my experience, even where complaints have little obvious merit, employers often lose cases because of their failure to previously apply proper procedures in dealing with employees.
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