The Student Room Group

Ceasing to practice as a barrister

I did a mock paper recently on professional ethics and one of the questions was about a barrister accepting a job in the banking sector. I don’t understand, is this considered ceasing to practice?

Why is it not possible to act as both a barrister and a banker, provided that you notify the BSB that you are now subject to a new regulator for example?
I think we'd need to know more about the question to really comment, but as a barrister you either have a practising certificate, in which case you can practise, or you do not, in which case you cannot. Other roles that you undertake with your time are neither here nor there unless they interfere with your duties as a barrister.
Original post by Crazy Jamie
I think we'd need to know more about the question to really comment, but as a barrister you either have a practising certificate, in which case you can practise, or you do not, in which case you cannot. Other roles that you undertake with your time are neither here nor there unless they interfere with your duties as a barrister.

It just says that x is an employed barrister who was offered a banking position and that she decided to accept the position. Then the correct answer was that she must affect the orderly wind down of her activities including informing the BSB of the decision to leave the Bar and must provide them with a contact address.

It’s a bit late now as I sat the real exam today. But I am still curious about the practice question as I don’t understand it.
(edited 1 month ago)
Original post by Butterflywings24
It just says that x is an employed barrister who was offered a banking position and that she decided to accept the position. Then the correct answer was that she must affect the orderly wind down of her activities including informing the BSB of the decision to leave the Bar and must provide them with a contact address.

It’s a bit late now as I sat the real exam today. But I am still curious about the practice question as I don’t understand it.

So I think the implication is that she is permanently moving from practice as a barrister to becoming a banker, akin to anyone permanently moving away from the Bar. I'm not sure what the other options were, but that sounds right to me when someone is permanently leaving the profession. I had assumed that the person had accepted a banking role (perhaps as some sort of consultant) but left the possibility open of continuing to practise.
inform all current clients and each client whom she has represented within the past 12 months of her decision to leave the Bar, providing them with information as to how to contact her should the need arise.

contact all professional clients for whom she has worked within the past 6 years in order to liaise with them in respect of arrangements to be put in place regarding any future queries or complaints

must inform the Bar Standards Board of her decision to leave the Bar and must provide them with a contact address.

provide the Bar Standards Board with the date of her last day of practice and information as to the arrangements that have been put in place in respect of any current matters.
Original post by Crazy Jamie
So I think the implication is that she is permanently moving from practice as a barrister to becoming a banker, akin to anyone permanently moving away from the Bar. I'm not sure what the other options were, but that sounds right to me when someone is permanently leaving the profession. I had assumed that the person had accepted a banking role (perhaps as some sort of consultant) but left the possibility open of continuing to practise.

I just thought that if you decide to accept a position that it would be fine as long as it doesn’t violate the code of conduct.

However, in order to practice as a barrister don’t you have to practice within 2 years of something as your *primary occupation* plus also keep your legal knowledge up to date? I’m not sure if this would be possible if the person in the scenario was to practice as a banker
Original post by Butterflywings24
However, in order to practice as a barrister don’t you have to practice within 2 years of something as your *primary occupation* plus also keep your legal knowledge up to date? I’m not sure if this would be possible if the person in the scenario was to practice as a banker

I think that's the point. Hence my initial reasoning being based on the assumption that the banking role was additional, and possibly even still itself in some way a legal role. I didn't appreciate that she was actually going to become a banker.
Original post by Crazy Jamie
I think that's the point. Hence my initial reasoning being based on the assumption that the banking role was additional, and possibly even still itself in some way a legal role. I didn't appreciate that she was actually going to become a banker.

I feel like it’s really not clear in the question. Just to reiterate how you are reasoning is how I was reasoning, I too thought it was additional and not for her to become a banker. Then I thought she would just have to notify the BSB that she was now under another approved regulator.

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