Pink Lady 22
New Member
- Messages
- 5
just wondering if a barrister who is a close personal friend can represent that person in the wrc without being appointed by a solicitor?
Why not?just wondering if a barrister who is a close personal friend can represent that person in the wrc without being appointed by a solicitor?
There’s nothing to preclude anyone acting as a representative in the WRC.just wondering if a barrister who is a close personal friend can represent that person in the wrc without being appointed by a solicitor?
Presumably the barrister in this case is acting in a personal capacity without any reference to the fact that he is a barrister.If a matter is contentious, save for limited stated exceptions, Rule 3.4 of the Bar Code of Conduct (24th July 2023) states that Barristers should not take instructions directly from a client.
Probably not from the WRC’s perspective who won’t likely be aware of any regulatory issue. Yes from the Barrister’s own ethical and regulatory perspective, if he gets found out.If said Barrister has already submitted documents to the wrc on behalf of his ‘friend’ is there a problem?
Where exactly is the risk? Solicitors take on all sorts of clients all the time, including particularly unsavoury or dubious characters.Yes, that would certainly give the barrister regulatory cover, so long as the client agreed to it.
Whether a solicitor would be happy to do so (perhaps without even being paid), is another matter. That new client presents a “risk” to the solicitor from a legal, regulatory and insurance perspective if things panned out badly at the wrc.
It probably does but presumably the solicitor wants a piece of the action.If the barrister in the first instance suggests to their client that they go to a solicitor for advice with a view towards onward referral to their chosen barrister, who is then duly appointed in line with procedure, doesn't that resolve it?
The risk of being sued for negligence. The risk of a regulatory action being taken on foot of a complaint to the LSRA. The risk of having a claim against your professional indemnity policy.Where exactly is the risk? Solicitors take on all sorts of clients all the time, including particularly unsavoury or dubious characters.
If the barrister in the first instance suggests to their client that they go to a solicitor for advice with a view towards onward referral to their chosen barrister, who is then duly appointed in line with procedure, doesn't that resolve it?
None of that remotely contradicts a wotd of what I said.The risk of being sued for negligence. The risk of a regulatory action being taken on foot of a complaint to the LSRA. The risk of having a claim against your professional indemnity policy.
Any Solicitor worth their salt will assess the appropriateness of issuing any proceedings before agreeing to act for a client in those proceedings.
Any Solicitor willing to put their name to proceedings without any control over how the case is run is inviting trouble.
Not sure what your point is, but the fact that I didn’t contradict you is surely a good thing. I was answering a question you asked.None of that remotely contradicts a wotd of what I said.
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 withIt probably does but presumably the solicitor wants a piece of the action.
But by now, the OP will have gone from a situation where they had a well-qualified person doing them a favour to one where they have an expensive multi-layered legal team.
You don’t need either a solicitor or a barrister for the WRC and you certainly don’t need both. It was set up to operate as a low-cost alternative to the Employment Appeals Tribunal and other adjudicative bodies that preceded it. It doesn’t operate like regular courts.
must presumably turn to dust?an expensive multi-layered legal team
It was purely a rhetorical question.Not sure what your point is, but the fact that I didn’t contradict you is surely a good thing. I was answering a question you asked.