Ethical Guidance Scheme and New South Wales Barristers’ Rules 96 and 99

22/03/2012

Standards

The New South Wales Barristers' Rules can be accessed on the Bar Association's web site. Rule 96 provides an exemption to the Rule that a barrister must refuse to accept or return a brief where his or her professional conduct may be attacked in the case in circumstances where the allegations have been made in order to prevent the barrister from accepting the brief and ‘the President of the Bar Association, or a delegate of the President who is a Senior Counsel, approves of the barrister accepting the brief…’. [The Rule is similar to the previous Rule 88.] Rule 99 enables a barrister to refuse or to return a brief to appear.� Paragraphs (a)-(m) of the Rule set out circumstances in which a brief may be refused/returned.� Paragraph (n) adds ‘in such other circumstances as may be permitted by the President or a delegation of the President who is a Senior Counsel’. The President has appointed the senior counsel members of the Bar Council and the senior counsel members of the Professional Conduct Committees for the purposes of Rules 96 and 99. The Bar Council requires that a barrister who seeks approval under rule 96 or a decision under rule 99 from one of the nominated senior counsel is to reduce the information provided and the approval or decision given to writing, and provide a copy to both the senior counsel and the Director, Professional Conduct. The names and contact details of the senior counsel can be obtained by telephoning the Association's Professional Conduct Department on 9232 4055. Written records to be forwarded to the Director, Professional Conduct can be sent by post or e-mailed to pcd@nswbar.asn.au 22 March 2012