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Terms for Barristers

For Barristers

E-Solicitors Legal Services Marketplace

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Barrister Onboarding Agreement

Direct Access | Referral Work | BSB Regulated

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Version 1.0 - January 2026

England and Wales

Important Notice to Barristers

  • BY REGISTERING ON THE PLATFORM AND ACCEPTING THESE TERMS, YOU ARE MAKING BINDING WARRANTIES AND REPRESENTATIONS REGARDING YOUR REGULATORY STATUS AND COMPLIANCE WITH THE BSB HANDBOOK.

Key Points You Must Understand

  • The Platform is a MARKETPLACE connecting you with clients and solicitors

  • You remain regulated by the Bar Standards Board (BSB)

  • You may accept Direct Access (Public Access) work if authorised

  • You may accept referral work from solicitors

  • The Platform does NOT provide legal advice or legal services

  • When you accept instructions, the contract is with the client/instructing solicitor

  • We are NOT a law firm and are NOT regulated by the BSB, SRA, Law Society, or FCA

Barrister-Specific Regulatory Framework

Unlike solicitors who are regulated by the SRA, barristers are regulated by the Bar Standards Board (BSB). This document reflects BSB regulatory requirements including:

BSB Handbook and Core Duties

Conduct Rules (rC1-rC130)

Direct Access (Public Access) Rules

Cab Rank Rule obligations

BSB Entity Regulation (where applicable)

  • IMPORTANT: Barristers generally CANNOT hold client money (with limited exceptions for BSB entities). Barristers generally CANNOT conduct litigation.

Contents

Part A: General Terms

  1. Definitions and Interpretation

  2. Platform Status and Regulatory Position

  3. Nature of the Service

Part B: Barrister Eligibility and Registration

  1. Eligibility Requirements

  2. Types of Barrister Registration

  3. Practising Certificate Requirements

Part C: Bsb Regulatory Compliance

  1. BSB Core Duties

  2. BSB Conduct Rules

  3. Independence and Conflicts

  4. Cab Rank Rule

  5. Honesty and Integrity

Part D: Direct Access (public Access)

  1. Direct Access Authorisation

  2. Direct Access Requirements

  3. Matters Unsuitable for Direct Access

  4. Client Care for Direct Access

Part E: Referral Work From Solicitors

  1. Accepting Instructions from Solicitors

  2. The Instructing Solicitor's Role

  3. Returning Instructions

  1. Rights of Audience

  2. Conduct of Litigation

  3. Other Reserved Activities

Part G: Client Money and Fees

  1. Client Money Prohibition

  2. Fee Arrangements

  3. BSB Transparency Rules

Part H: Aml/kyc Compliance

  1. AML Obligations for Barristers

  2. Customer Due Diligence

  3. Sanctions Screening

Part I: Consumer Protection

  1. Consumer Rights Act 2015

  2. Consumer Contracts Regulations 2013

  3. Digital Markets, Competition and Consumers Act 2024

Part J: Complaints and Professional Indemnity

  1. Complaints Handling

  2. Legal Ombudsman

  3. Professional Indemnity Insurance

Part K: Referral Fees

  1. Referral Fee Rules

  2. LASPO Prohibition

Part L: General Provisions

  1. Term and Termination

  2. Liability

  3. Data Protection

  4. Governing Law

Schedules

Schedule 1: BSB Core Duties

Schedule 2: Direct Access Compliance Checklist

Schedule 3: Referral Work Checklist

Schedule 4: AML Compliance Checklist

Schedule 5: Barrister vs Solicitor Comparison

Part A: General Terms

1. Definitions and Interpretation

1.1 In these Terms, the following words have these meanings:

'AML' means anti-money laundering, including compliance with MLR 2017, POCA 2002, TA 2000, ECCTA 2023, and LSAG 2025.

'Authorised Body' means a BSB authorised body (formerly BSB entity) authorised to provide reserved legal activities.

'Bar Council' means the General Council of the Bar of England and Wales.

'Barrister' means a barrister called to the Bar of England and Wales holding a current practising certificate.

'BMIF' means Bar Mutual Indemnity Fund Limited, the primary provider of PII for barristers.

'BSB' means the Bar Standards Board.

'BSB Handbook' means the Bar Standards Board Handbook as amended from time to time.

'Cab Rank Rule' means the rule at rC29 of the BSB Handbook requiring barristers to accept instructions.

'Chambers' means a set of barristers' chambers.

'Client' means the lay client (in Direct Access) or the instructing solicitor's client (in referral work).

'Conduct Rules' means the Conduct Rules in Part 2 of the BSB Handbook.

'Core Duties' means the ten Core Duties in the BSB Handbook (CD1-CD10).

'Direct Access' means work accepted directly from a lay client without an instructing solicitor (also known as Public Access).

'Employed Barrister' means a barrister employed by an organisation to provide legal services.

'E-SOLICITORS' means

Esol

Corporation Limited with Company number 16927988.

'FCA' means the Financial Conduct Authority.

'Instructing Solicitor' means a solicitor who instructs a barrister on behalf of a client.

'KC' means King's Counsel.

'Lay Client' means the ultimate client for whom legal services are provided.

'LSAG 2025' means the Legal Sector Affinity Group Anti-Money Laundering Guidance 2025.

'Public Access' means Direct Access work - instructions received directly from lay clients.

'Pupil' means a person undertaking pupillage.

'Referral Work' means instructions received from a solicitor or other authorised person.

'Self-Employed Barrister' means a barrister practising on a self-employed basis, typically from chambers.

2. Platform Status and Regulatory Position

2.1 You acknowledge and agree that:

(a) The Platform is a technology marketplace facilitating introductions between clients/solicitors and

barristers;

(b) The Platform does NOT provide legal advice or legal

services;

(c) The Platform is NOT a barristers' chambers or BSB authorised

body;

(d) The Platform is NOT regulated by the Bar Standards Board (BSB

);

(e) The Platform is NOT regulated by the SRA, Law Society, or

FCA;

(f) The Platform does NOT hold client

money;

(g) The Platform does NOT conduct AML/KYC checks - this is your responsibility.

3. Nature of the Service

3.1 When you accept instructions through the Platform:

(a) For Direct Access: You enter into a contract directly with the lay

client;

(b) For Referral Work: You accept instructions from the instructing

solicitor;

(c) The Platform is not a party to your

retainer;

(d) Professional duties are owed by you, not by the

Platform;

(e) You bear full professional responsibility for your services.

Part B: Barrister Eligibility and Registration

4. Eligibility Requirements

4.1 To register on the Platform, you must:

(a) Be called to the Bar of England and

Wales;

(b) Hold a current practising certificate issued by the

BSB;

(c) Not be suspended or

disbarred;

(d) Not be subject to conditions preventing the work you

offer;

(e) Have appropriate professional indemnity insurance.

4.2 For Direct Access work, you must additionally:

(a) Have completed the Public Access training

course;

(b) Be registered with the BSB as authorised for Public

Access;

(c) Have at least 3 years' practising experience (or have applied for and received a waiver).

5. Types of Barrister Registration

5.1 The Platform accepts registrations from:

Self-Employed Barristers

Barristers practising on a self-employed basis, typically from chambers.

May accept both referral work and Direct Access (if authorised)

Covered by BMIF or equivalent insurance

Cannot hold client money

Employed Barristers

Barristers employed by organisations (law firms, companies, public bodies).

May provide services to employer or employer's clients

Covered by employer's insurance

Restrictions on accepting external instructions

Barristers in BSB Authorised Bodies

Barristers practising through BSB-regulated entities.

Entity may be authorised to conduct litigation

May have limited ability to hold client money

Entity-level regulation applies

Unregistered Barristers

  • Barristers without a practising certificate cannot provide reserved legal activities and may only provide limited unreserved services.

6. Practising Certificate Requirements

6.1 You warrant that:

(a) Your practising certificate is current and

valid;

(b) You have paid all required practising

fees;

(c) You have completed required

CPD;

(d) There are no conditions preventing the services you

offer;

(e) You will notify the Platform immediately of any changes to your status.

Part C: Bsb Regulatory Compliance

  • THE WARRANTIES IN THIS PART ARE FUNDAMENTAL. BREACH MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION AND BSB DISCIPLINARY ACTION.

7. Bsb Core Duties

7.1 You warrant compliance with the ten BSB Core Duties:

CD1: You must observe your duty to the court in the administration of justice.

CD2: You must act in the best interests of each client.

CD3: You must act with honesty and integrity.

CD4: You must maintain your independence.

CD5: You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession.

CD6: You must keep the affairs of each client confidential.

CD7: You must provide a competent standard of work and service to each client.

CD8: You must not discriminate unlawfully against any person.

CD9: You must be open and co-operative with your regulators.

CD10: You must take reasonable steps to manage your practice competently and in such a way as to achieve compliance with your legal and regulatory obligations.

7.2 Where Core Duties conflict, CD1 (duty to the court) and CD3-CD5 take precedence over CD2 (client's interests).

8. Bsb Conduct Rules

8.1 You warrant compliance with the BSB Conduct Rules, including:

(a) rC3: Not to do anything which could reasonably be seen to undermine your honesty, integrity and

independence;

(b) rC4: Not knowingly or recklessly mislead or attempt to mislead

anyone;

(c) rC5: Not draft documents likely to deceive or

mislead;

(d) rC15: Not accept instructions where there is a conflict of

interest;

(e) rC21: Take reasonable steps to ensure work is allocated to appropriate

persons;

(f) rC25-rC28: Comply with court conduct requirements.

9. Independence and Conflicts

9.1 You must maintain independence (CD4 and rC3):

(a) Your professional judgment must not be

compromised;

(b) You must not allow your independence to be influenced by external

pressure;

(c) You must advise clients fearlessly and independently.

9.2 You must not accept instructions where there is a conflict (rC15-rC20):

(a) Own interest conflict: Your personal

interests

conflict with

client's;

(b) Client conflict: Acting for one client against

another;

(c) Previous involvement: Prior involvement compromises independence.

10. Cab Rank Rule

10.1 If you are a self-employed barrister, the Cab Rank Rule (rC29) applies:

(a) You must accept instructions if offered at a proper fee and within your

competence;

(b) You must not refuse based on the nature of the case, client identity, or source of

funding;

(c) You must not refuse based on any belief or opinion about the client or case.

10.2 Cab Rank Rule exceptions (rC30) - You may refuse where:

(a) The instructions are for work outside your

competence;

(b) You lack adequate time or opportunity to

prepare;

(c) Accepting would cause a breach of law or professional conduct

rules;

(d) You are professionally embarrassed (e.g., conflict, previous involvement

);

(e) The fee is not proper having regard to complexity, length, and your

experience;

(f) You would be required to do something you reasonably consider unlawful.

ℹ The Cab Rank Rule does NOT apply to Direct Access work or to employed barristers.

11. Honesty and Integrity

11.1 You warrant that you will:

(a) Act honestly in all professional dealings (CD3

);

(b) Not knowingly or recklessly mislead anyone (rC4

);

(c) Not draft documents intended to deceive (rC5

);

(d) Report serious misconduct by others (rC66

);

(e) Cooperate with regulators (CD9).

Part D: Direct Access (public Access)

ℹ Direct Access (also called Public Access) allows members of the public and businesses to instruct barristers directly without going through a solicitor.

12. Direct Access Authorisation

12.1 To accept Direct Access work through the Platform, you warrant:

(a) You have completed the BSB-approved Public Access training

course;

(b) You are registered with the BSB as authorised for Public Access

work;

(c) You have at least 3 years' practising experience (or approved waiver

);

(d) Your practising certificate permits Direct Access

work;

(e) Your insurance covers Direct Access work.

12.2 You must NOT accept Direct Access work if:

(a) You have not completed the required

training;

(b) You are not registered for Public

Access;

(c) The matter is unsuitable for Direct Access (see clause 14).

13. Direct Access Requirements

13.1 For all Direct Access matters, you must (rC120-rC126):

(a) Assess whether the case is suitable for Direct

Access;

(b) Assess whether the client is capable of conducting their own

case;

(c) Explain what you can and cannot do as a

barrister;

(d) Explain that you cannot conduct

litigation;

(e) Explain the limitations on holding client

money;

(f) Consider whether the client's interests are best served by instructing a

solicitor;

(g) Provide written terms of engagement before starting work.

13.2 Client Care Letter for Direct Access must include:

(a) Clear description of work you will

undertake;

(b) Work you will NOT do (e.g., conducting litigation

);

(c) Basis for your fees and estimate/fixed

fee;

(d) Complaints

procedure;

(e) Legal Ombudsman contact details (including

THREE time

limits

);

(f) BSB contact

details;

(g) Confirmation you cannot hold client

money;

(h) Explanation of what happens if litigation is required.

14. Matters Unsuitable for Direct Access

14.1 You must NOT accept Direct Access instructions for:

  • Any matter where the client needs someone to conduct litigation

  • Any matter where you will need to handle client money

  • Any matter beyond the client's ability to manage

  • Family law matters involving children (generally)

  • Immigration cases where client at risk of detention

  • Criminal cases in magistrates' court (unless simple matters)

  • Cases where client would be better served by a solicitor

14.2 Red flags indicating unsuitability:

(a) Client cannot understand or follow

advice;

(b) Client is vulnerable and needs ongoing

support;

(c) Matter requires extensive investigation or

preparation;

(d) Client will need to comply with court procedural

requirements;

(e) Opponent is legally represented.

  • If at any point you assess the matter is unsuitable for Direct Access, you must advise the client to instruct a solicitor.

15. Client Care for Direct Access

15.1 Throughout the Direct Access retainer:

(a) Keep the client informed of

progress;

(b) Respond promptly to client

communications;

(c) Advise immediately if the matter becomes unsuitable for Direct

Access;

(d) Provide documentation the client needs to act on

advice;

(e) Return papers promptly when matter concludes.

Part E: Referral Work From Solicitors

16. Accepting Instructions From Solicitors

16.1 For referral work received through the Platform:

(a) Instructions come from the instructing

solicitor;

(b) The solicitor is your professional

client;

(c) The lay client remains the ultimate

beneficiary;

(d) The Cab Rank Rule applies (for self-employed barristers).

16.2 Before accepting referral instructions, verify:

(a) The solicitor is SRA-

authorised;

(b) The instructions are clear and

complete;

(c) There are no conflicts of

interest;

(d) You have adequate time to

prepare;

(e) The fee is proper.

  1. THE INSTRUCTING SOLICITOR'S ROLE

17.1 When instructed by a solicitor:

(a) The solicitor conducts AML/KYC on the lay

client;

(b) The solicitor handles client

money;

(c) The solicitor conducts litigation if

needed;

(d) The solicitor provides you with papers and

instructions;

(e) The solicitor is responsible for ongoing client care.

17.2 Your duties in referral work:

(a) Comply with all BSB Conduct

Rules;

(b) Provide competent advice and

representation;

(c) Communicate appropriately with the

solicitor;

(d) Meet deadlines and return papers

promptly;

(e) Keep fee notes/billing accurate.

18. Returning Instructions

18.1 You must return instructions if (rC25-rC28):

(a) A conflict of interest

arises;

(b) Continuing would involve breach of professional

conduct;

(c) You become professionally

embarrassed;

(d) You lose confidence in the lay client's

case;

(e) There is a breakdown in professional relationship.

18.2 When returning instructions:

(a) Give reasonable notice where

possible;

(b) Do not return instructions at a time which would prejudice the

client;

(c) Return all papers to the instructing

solicitor;

(d) Cooperate in orderly transfer.

19. Rights of Audience

19.1 As a practising barrister, you have full rights of audience:

(a) All courts in England and

Wales;

(b)

Tribunals;

(c) Subject to meeting any specific court requirements.

19.2 Court conduct requirements (rC25-rC28):

(a) Duty not to mislead the

court;

(b) Duty to disclose relevant law including adverse

authorities;

(c) Duty not to make statements you know to be

false;

(d) Duty to ensure your submissions are properly arguable.

20. Conduct of Litigation

20.1 Self-employed barristers generally CANNOT conduct litigation:

  • Issuing proceedings

  • Filing documents at court

  • Accepting service of proceedings

  • Managing the procedural aspects of litigation

20.2 Exceptions:

(a) Barristers in BSB authorised bodies may conduct litigation if the entity is

authorised;

(b) Employed barristers may conduct litigation for their employer if authorised.

ℹ For Direct Access matters, if litigation is required, the client must instruct a solicitor or act as litigant in person.

21. Other Reserved Activities

21.1 Barristers are NOT generally authorised for:

  • Conveyancing (reserved instrument activities)

  • Probate activities

  • Notarial activities (unless also a notary)

21.2 Barristers CAN provide unreserved legal services:

  • Legal advice on all areas of law

  • Drafting documents (not reserved instruments)

  • Negotiations

  • Mediation and ADR

Part G: Client Money and Fees

22. Client Money Prohibition

  • Self-employed barristers CANNOT hold client money except in very limited circumstances.

22.1 You warrant that you will NOT:

(a) Receive money on behalf of

clients;

(b) Hold money in

escrow;

(c) Accept payment of fees in advance (except permitted fee advances

);

(d) Handle settlement funds.

22.2 Limited exceptions (with strict conditions):

(a) Advance payment of fees (not held on client account

);

(b) Barristers in BSB authorised bodies (with appropriate authorisation

);

(c) Specific permitted disbursement handling (very limited).

22.3 Fee payments:

(a) For referral work: Fees typically paid by instructing

solicitor;

(b) For Direct Access: Fees paid directly by client to you (not held on account

);

(c) Payment should be for services rendered or on account of agreed fees.

23. Fee Arrangements

23.1 You may agree fees on various bases:

(a) Hourly

rates;

(b) Fixed fees for defined

work;

(c) Brief fees plus

refreshers;

(d) Conditional Fee Agreements (where permitted

);

(e) Damages-Based Agreements (where permitted).

23.2 For Direct Access work, you must provide (rC122):

(a) Clear fee information before starting

work;

(b) Written estimate or fixed

fee;

(c) Basis on which fees are

calculated;

(d) Information about likely

disbursements;

(e) Information about VAT.

24. Bsb Transparency Rules

24.1 Under BSB Transparency Rules, you must publish:

(a) Statement of circumstances in which you accept Direct

Access;

(b) Information about your most commonly used pricing

models;

(c) Indicative fees or price ranges for common

services;

(d) Complaints procedure and Legal Ombudsman information.

24.2 This information must be:

(a) Available on your chambers website or your own

website;

(b) Clear and easy to

understand;

(c) Kept up to date.

Part H: Aml/kyc Compliance

25. Aml Obligations for Barristers

25.1 Barristers are subject to MLR 2017 when providing certain services:

(a) Tax

advice;

(b) Advice on buying/selling real property or business

entities;

(c) Advice on creating, operating, or managing companies or

trusts;

(d) Advice on managing client money or assets (rare for barristers).

25.2 For REFERRAL work:

(a) The instructing solicitor typically conducts CDD on the lay

client;

(b) You may rely on the solicitor's CDD (reliance provisions in MLR 2017

);

(c) You remain responsible if there are grounds for suspicion.

25.3 For DIRECT ACCESS work:

(a) YOU are responsible for conducting CDD on the

client;

(b) You must have AML policies and

procedures;

(c) You must conduct risk

assessments;

(d) You must report suspicious activity.

26. Customer Due Diligence

26.1 For Direct Access matters within scope of MLR 2017:

(a) Identify the client - full name, DOB,

address;

(b) Verify identity from reliable, independent

source;

(c) Identify beneficial owners (MORE THAN 25% per LSAG 2025

);

(d) Understand purpose of

instruction;

(e) Conduct ongoing monitoring.

  • LSAG 2025: Beneficial owner threshold changed from '25% or more' to 'MORE THAN 25%'.

26.2 Enhanced Due Diligence required for:

(a) Politically Exposed Persons (PEPs

);

(b) High-risk third

countries;

(c) Complex or unusual instructions.

27. Sanctions Screening

27.1 You must screen clients against:

(a) UK Sanctions List (OFSI

);

(b) UN sanctions

lists;

(c) Other relevant lists (EU, OFAC where applicable).

  • Do NOT provide services to sanctioned persons. Report any suspicions.

Part I: Consumer Protection

  1. CONSUMER RIGHTS ACT 2015

28.1 When acting for consumers (Direct Access lay clients), you warrant:

(a) Services are performed with reasonable care and

skill;

(b) Services are provided as

described;

(c) Services are provided within a reasonable

time;

(d) Contract terms are fair and transparent.

  1. CONSUMER CONTRACTS REGULATIONS 2013

29.1 For Direct Access contracts with consumers:

(a) 14-day cancellation right applies (unless waived for immediate service

);

(b) Pre-contract information must be

provided;

(c) Model cancellation form must be available.

The

cancellation right does not apply to referral work from solicitors as the solicitor is the instructing party.

  1. DIGITAL MARKETS, COMPETITION AND CONSUMERS ACT 2024

30.1 Under DMCCA 2024:

  • Drip pricing - all mandatory costs must be disclosed upfront

  • Fake or misleading reviews

  • Unfair commercial practices

Part J: Complaints and Professional Indemnity

31. Complaints Handling

31.1 You must have a complaints procedure that:

(a) Is in writing and available to

clients;

(b) Allows complaints to be made

easily;

(c) Provides for acknowledgment within specified

timeframes;

(d) Provides for final response within 8

weeks;

(e) Informs clients of the Legal Ombudsman and BSB.

31.2 Chambers-level complaints:

(a) Most chambers have a

chambers complaints

procedure;

(b) Ensure your chambers' procedure is

followed;

(c) Cooperate with any complaints investigation.

32.1 Clients may complain to the Legal Ombudsman about your services.

32.2 Time limits - Clients must complain:

(a) Within ONE YEAR of the act or omission; AND

(b) Within SIX YEARS of the act or omission (longstop); AND

(c) Within SIX MONTHS of receiving your final response.

  • These time limits are STRICT. Ensure Direct Access clients are clearly informed.

32.3 BSB Complaints: Conduct issues may be reported to the BSB directly.

33. Professional Indemnity Insurance

33.1 You warrant that you have adequate PII:

(a) Self-employed barristers:

Typically

through BMIF (Bar Mutual

);

(b) Employed barristers: Through employer's

insurance;

(c) BSB authorised bodies: Entity-level insurance.

33.2 Insurance requirements:

(a) Cover must be adequate for the work

undertaken;

(b) Cover must extend to Direct Access work if

offered;

(c) Cover must remain in force throughout practice.

33.3 BMIF Coverage:

(a) Minimum cover of £500,000 per

claim;

(b) Aggregate limit depending on fee

income;

(c) Additional excess waiver options available.

Part K: Referral Fees

34. Referral Fee Rules

34.1 Under BSB rules and general law:

(a) Referral fees are generally prohibited in litigation and advocacy

matters;

(b) Any permitted fee arrangement must not compromise

independence;

(c) Clients must be informed of any fee

arrangement;

(d) Fee-sharing with non-barristers is generally prohibited.

34.2 Platform fees:

(a) Subscription/listing fees are generally

permissible;

(b) Any referral-linked fees must comply with BSB

rules;

(c) Independence must not be compromised.

35. Laspo Prohibition

  • Referral fees are PROHIBITED for personal injury and clinical negligence matters under LASPO 2012 sections 56-60.

35.1 You warrant that you will NOT:

(a) Pay any referral fee for a PI or clinical negligence

matter;

(b) Receive any referral fee for a PI or clinical negligence

matter;

(c) Enter into any arrangement 'in substance' a prohibited referral fee.

35.2 Breach of LASPO is:

(a) A CRIMINAL OFFENCE with maximum £50,000

fine;

(b) A serious regulatory

breach;

(c) Grounds for immediate termination.

Part L: General Provisions

36. Term and Termination

36.1 These Terms commence on registration and continue until terminated.

36.2 Either party may terminate on 30 days' written notice.

36.3 We may terminate immediately if:

(a) You breach any material

warranty;

(b) Your practising certificate lapses or is

revoked;

(c) You are suspended or

disbarred;

(d) Your PII

lapses;

(e) You are subject to BSB disciplinary

action;

(f) You breach AML or LASPO requirements.

37. Liability

37.1 We are not liable for:

(a) The quality of legal services you

provide;

(b) Any advice given by

you;

(c) Your regulatory

breaches;

(d) Indirect or consequential losses.

37.2 You indemnify us against claims arising from:

(a) Your breach of these

Terms;

(b) Your provision of legal

services;

(c) Your regulatory breaches.

38. Data Protection

38.1 Each party complies with UK GDPR and the Data Protection Act 2018.

38.2 Your personal data is processed in accordance with our Privacy Policy.

38.3 You are responsible for client data protection compliance.

39. Governing Law

39.1 These Terms are governed by English law.

39.2 The courts of England and Wales have exclusive jurisdiction.

SCHEDULE 1: BSB CORE DUTIES

Core Duty

Summary

CD1

Observe your duty to the court

CD2

Act in the best interests of each client

CD3

Act with honesty and integrity

CD4

Maintain your independence

CD5

Do not diminish public trust in you or the profession

CD6

Keep client affairs confidential

CD7

Provide a competent standard of work and service

CD8

Do not discriminate unlawfully

CD9

Be open and cooperative with regulators

CD10

Manage your practice competently and compliantly

ℹ Where Core Duties conflict, CD1 and CD3-CD5 take precedence over CD2.

Schedule 2: Direct Access Compliance Checklist

Requirement

Confirmed

Completed BSB Public Access training

Registered with BSB for Public Access

3+ years practising experience (or waiver)

Practising certificate permits Direct Access

PII covers Direct Access work

Client care letter template prepared

Legal Ombudsman info included (

3 time

limits)

BSB contact info included

Suitability assessment procedure in place

Fee transparency requirements met

AML procedures for Direct Access in place

Client money prohibition understood

Cannot conduct litigation explained to clients

Schedule 3: Referral Work Checklist

Requirement

Confirmed

Instructing solicitor is SRA-authorised

Instructions are clear and complete

No conflicts of interest identified

Adequate time to prepare

Fee is proper (Cab Rank Rule)

Papers received and reviewed

Any lay client vulnerabilities noted

Appropriate court conduct

Fee note/billing prepared

Papers returned promptly

Schedule 4: Aml Compliance Checklist (direct Access)

Requirement

Confirmed

Matter within scope of MLR 2017?

Risk assessment conducted

CDD procedures documented

Client identity verified

Beneficial owners identified (>25%)

Source of funds verified (if relevant)

EDD for PEPs/high-risk

Sanctions screening completed

No red flags identified

Records retained (5 years)

SCHEDULE 5: BARRISTER VS SOLICITOR COMPARISON

Feature

Barrister

Solicitor

Primary regulator

BSB

SRA

Rights of audience

Full (all courts)

Full (with rights)

Conduct litigation

Generally

NO

YES

Hold client money

Generally

NO

YES (client account)

Direct client access

If Public Access qualified

YES

Cab Rank Rule

YES (self-employed)

NO

Typically instructed by

Solicitors / Direct Access

Directly by clients

Practice structure

Chambers / Employed / BSB entity

Firm / Freelance / In-house

AML responsibility

Direct Access: self; Referral: can rely on solicitor

Full responsibility

Insurance

BMIF / Employer

SRA-compliant PII

Document Information

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Regulatory Framework

Legal Services Act 2007

Bar Standards Board Handbook 2025

BSB Core Duties (CD1-CD10)

BSB Conduct Rules

BSB Direct Access (Public Access) Rules

BSB Transparency Rules

Money Laundering Regulations 2017 (as amended)

LSAG Anti-Money Laundering Guidance 2025

Proceeds of Crime Act 2002

Economic Crime and Corporate Transparency Act 2023

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Consumer Rights Act 2015

Consumer Contracts Regulations 2013

Digital Markets, Competition and Consumers Act 2024

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Key Contacts

Bar Standards Board: www.barstandardsboard.org.uk

Bar Council: www.barcouncil.org.uk

Legal Ombudsman: www.legalombudsman.org.uk

Bar Mutual: www.barmutual.co.uk

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Related Documents

Solicitor Terms and Conditions V1.0

Platform Terms for Law Firms V1.0

Privacy Policy V1.0

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Document Version: 1.0

Effective Date: January 2026

Last Updated: January 2026

Next Review: July 2026

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