Barristers disclosure obligations when briefed via an agent

12/07/2013

In some jurisdictions, barristers may be retained to provide advice to, or appear for, a party via an agent. For instance, in the Land and Environment Court, an agent (usually town planners or valuers) may appear for a party with leave of the Court, and on occasion such agents use a barrister.

The Bar Council reminds barristers that, in such circumstances, they are appearing on a direct access basis for the party to the proceedings (ie the client on whose behalf, or for whose benefit, the work is being performed) and the barrister must comply with the requirements of disclosure to direct access clients.

That is, where a party appears by agent and a barrister is retained, the barrister must provide disclosure directly to the client in accordance with the (direct access) cost disclosure obligations in section 309 of the Legal Profession Act 2004 and must also give disclosure directly to the client of the matters required by Rule 24B of the_ New South Wales Barristers’ Rules_. Providing such disclosures to the agent is insufficient. The disclosures must be made directly to the client.

If further clarification is sought, please contact staff at the Professional Conduct Department of the Bar Association.

12 July 2013