Understanding Unregistered Barristers
What is a Unregistered Barrister
An unregistered barrister is someone who has completed the training and qualification to become a barrister but is not currently registered with the Bar Standards Board to practise as a barrister.
This means they cannot present themselves as practising barristers or perform certain “reserved legal activities.”
However, unregistered barristers can still work in the legal field and provide certain services. They can provide legal advice, draft legal documents, and represent clients in certain non-court settings (such as specific tribunals), as long as they do not act or hold themselves out as barristers.
In other words, they can use their legal skills, but they must be careful not to undertake activities that require formal barrister status or mislead others about their professional standing.
Information Notice to be given before supplying legal services
“I hold the degree of barrister, but I do not have a practising certificate, because I have not completed the training required by the Bar Standards Board, or I do not comply with the Bar Standards Board’s rules for practising barristers. This limits the work I am allowed to do. I cannot appear as a barrister in court. I cannot conduct litigation or immigration work as a barrister.
I am not fully regulated by the Bar Standards Board, but they can consider a complaint against me.”
Non-practising barrister and an unregistered barrister
A "non-practising barrister" and an "unregistered barrister" are related terms, but they have distinct meanings. An unregistered barrister is a barrister who does not hold a current practising certificate. A "non-practising barrister" is a barrister who chooses not to hold a practising certificate.
Employment Advice for Employers and Businesses
An unregistered barrister is permitted to offer employment advice to employers, provided that they refrain from engaging in "reserved legal activities" and disclose their status to the employer.
In certain courts, unregistered barristers are prohibited from engaging in reserved activities, including the exercise of the right of audience or the conduct of litigation.
Nevertheless, general legal services, such as the drafting of documents and the provision of employment law advice, are not reserved and may be rendered by an unregistered barrister. In addition, the unregistered barrister must adhere to the Core Duties and the regulations of the Bar Standards Board (BSB) Handbook rules.
An unregistered barrister can provide employment advice to employers. Still, they must not "hold out" as a practising barrister and must provide written notification that they are not practising and are not insured under the Bar Standards Board (BSB) rules. Legal advice, including that related to the Employment Rights Act 1996, is generally a non-reserved activity, so they are permitted to provide it; however, they must clearly state their status to avoid misleading anyone. I am required to be transparent about my unregistered status to the employers, explaining that I am not a practising barrister, and ensuring the employer understands the nature of the services being provided. I can advise employers on claims made against them or provide general advice.
Employment Advice to Employees
To safeguard consumers, the Compensation Act 2006 regulates claims management services, including those for employment claims such as discrimination or unfair dismissal. I am first and foremost a law tutor, and I have been teaching Employment Law since 2012.
If I work with an individual employee (a Claimant), this is purely on a coach-tutor and tutee relationship. All assistance provided is with a thorough understanding of the Employment Law Process as a tutor. As an unregistered barrister, do not provide legal advice in Employment Law to Claimants, and you should seek the help of a qualified Solicitor or Barrister if you need that.
I bring over 12-13 years of experience advising Claimants for free and working with Employers. I assist employees through teaching and coaching, rather than giving advice.
I must stress that this is based on my expertise in Employment Law, which I have developed through teaching and advising employers.
Furthermore, if I work with a Claimant and suppose I produce any documents, for example, a Letter of Grievance, Particulars of the Claim, a Letter, a Schedule of Loss, or any other legal document, in that case, these are intended to be used as a learning aid to educate individuals on how to represent themselves in the Employment Tribunal Process and thus act as a Litigant in Person. It is advised that the Claimant not submit this as their own work. The intellectual property of all documents provided remains with the producer.
Any money paid to me by the Claimant is for educational training and coaching, not for legal advice. Each individual employee who uses this service must be aware of and agree to this. I do not provide representation for claimants. If I do this (in an exceptional case), it will be without any payment.
What are reserved legal activities
Reserved legal activities are specific types of legal work that, by law, can only be carried out by qualified and authorised legal professionals (such as solicitors, barristers, or licensed conveyancers). In England and Wales, these activities are set out in the Legal Services Act 2007. The main reserved legal activities are:
The exercise of a right of audience - This means representing clients and speaking on their behalf in court or tribunal proceedings.
The conduct of litigation - This involves managing legal proceedings for a client, including initiating or defending court cases.
Reserved instrument activities - This primarily relates to preparing specific legal documents for property transactions, such as conveyancing (the process of buying and selling land or property).
Probate activities refer to the administration of a deceased person’s estate, including the application for probate or letters of administration.
Notarial activities - These are services provided by a notary public, such as authenticating documents for use abroad.
The administration of oaths - This includes activities like swearing affidavits or statutory declarations, which often require a solicitor or other authorised person.
Why are these activities “reserved”
They are reserved to protect the public, ensure high standards, and maintain trust in the legal system. Only those who are properly qualified and regulated can perform these tasks safely and effectively. Unreserved legal activities (e.g., general legal advice, certain types of document drafting, and some tribunal work) can often be provided by individuals who are not authorised to carry out reserved activities.
What unregistered barristers can do
Provide unreserved legal services, which include legal advice, drafting legal documents, and potentially representing clients in specific tribunals.
Work for a variety of employers, including law firms, companies, corporations, businesses, government departments, charities, and non-profit organisations.
Provide services to Legal Advice Centres - Unregistered barristers can volunteer or work part-time at Legal Advice Centres, including providing legal services, even if these activities are considered "reserved activities" during a transitional period.
Important Considerations
Transparency - Unregistered barristers must be upfront about their status and limitations when providing legal services, according to the Bar Standards Board.
The "reserved legal activities" distinction - Understanding which activities are reserved and which are not is crucial for unregistered barristers.
Professional conduct rules still apply - Even though unregistered, barristers are still subject to professional conduct rules and ethical obligations such as confidentiality and honesty.