Understanding Unregistered Barristers
What is a Unregister 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 give legal advice, draft legal documents, and represent clients in some non-court settings (such as certain 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.
Non-practicing barrister and an unregistered barrister
A "non-practicing 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-practicing barrister" is a barrister who chooses not to hold a practising certificate.
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 starting or defending court cases.
Reserved instrument activities - This primarily relates to preparing certain legal documents for property transactions, such as conveyancing (buying and selling land or property).
Probate activities - This means handling the administration of a deceased person’s estate, such as applying 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. Unreserved legal activities (e.g., general legal advice, some types of document drafting, some tribunal work) can often be provided by people who are not authorised to carry out reserved activities.
What unregistered barristers can do
Provide unreserved legal services - This includes legal advice, drafting legal documents, and potentially representing clients in certain tribunals.
Work for a variety of employers - This can include law firms, companies, corporations, businesses, government departments, or charities, even 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 they 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.