*/
The Legal Services Commission, in conjunction with the Crown Prosecution Service, has recently raised concerns regarding the keeping of records by barristers in publicly-funded work. The BSB therefore wishes to remind barristers of their duty to give proper regard to the guidance in this area given in Section 6 of the Practice Management Guidelines.
The relevant guidance is as follows:
4 Completion Chambers should have documented procedures to ensure that, on completion of a case or instructions:
4.1 all work undertaken has been properly recorded, the fees assessed and noted and fee note submitted;
4.2 papers are promptly returned to professional clients, otherwise disposed of or retained, as they may require but always having regard for the content of documentation - which could contain records of personal data. As a data controller in respect of such personal data,
t should not be disposed of incautiously. The contents may also be confidential or sensitive and therefore require shredding. The date and method of despatch, and details of the documents returned, must be recorded. It is essential however that counsel or chambers has such documentary proof as is necessary to respond to any complaint, or to justify the fees claimed in the event of a dispute or the necessity of taking legal action to recover unpaid fees;
4.3 records, including counsel's notebook(s), notes of the final results or disposal and copies (possibly in the form of computer records) of counsel's advices etc are retained under chambers or individual arrangements for a defined and appropriate period. This period will differ according to circumstances and the type of work undertaken but is unlikely to be less than six years. However, the nature of the personal data held and the requirement for its retention in respect of any future claims should also be considered. No records should be held longer than is necessary for such purposes.
The full text of the Practice Management Guidelines can be found at: http://www.barcouncil.org.uk/guidance/practicemanagementguidelines/
The full text of the Practice Management Guidelines can be found at: http://www.barcouncil.org.uk/guidance/practicemanagementguidelines/
The Legal Services Commission, in conjunction with the Crown Prosecution Service, has recently raised concerns regarding the keeping of records by barristers in publicly-funded work. The BSB therefore wishes to remind barristers of their duty to give proper regard to the guidance in this area given in Section 6 of the Practice Management Guidelines.
The relevant guidance is as follows:
4 Completion Chambers should have documented procedures to ensure that, on completion of a case or instructions:
4.1 all work undertaken has been properly recorded, the fees assessed and noted and fee note submitted;
4.2 papers are promptly returned to professional clients, otherwise disposed of or retained, as they may require but always having regard for the content of documentation - which could contain records of personal data. As a data controller in respect of such personal data,
t should not be disposed of incautiously. The contents may also be confidential or sensitive and therefore require shredding. The date and method of despatch, and details of the documents returned, must be recorded. It is essential however that counsel or chambers has such documentary proof as is necessary to respond to any complaint, or to justify the fees claimed in the event of a dispute or the necessity of taking legal action to recover unpaid fees;
4.3 records, including counsel's notebook(s), notes of the final results or disposal and copies (possibly in the form of computer records) of counsel's advices etc are retained under chambers or individual arrangements for a defined and appropriate period. This period will differ according to circumstances and the type of work undertaken but is unlikely to be less than six years. However, the nature of the personal data held and the requirement for its retention in respect of any future claims should also be considered. No records should be held longer than is necessary for such purposes.
Barbara Mills KC, the new Chair of the Bar, outlines some key themes and priorities
A family lawyer has won a £500 donation for her preferred charity, an education centre for women from disadvantaged backgrounds, thanks to drug, alcohol and DNA testing laboratory AlphaBiolabs’ Giving Back campaign
Louise Crush of Westgate Wealth Management highlights some of the ways you can cut your IHT bill
Rachel Davenport breaks down everything you need to know about AlphaBiolabs’ industry-leading laboratory testing services for legal matters
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
Are Birmingham’s Intensive Supervision Courts successfully turning women offenders’ lives around? Chloe Ashley talks to District Judge Michelle Smith
Professor Dominic Regan and Seán Jones KC identify good value bottles across the price spectrum – from festive fizz to reliable reds
Governments who play fast and loose with the law get into real trouble, says the new Attorney General. The Rt Hon Lord Hermer KC talks to Anthony Inglese CB about what drew this boy from Cardiff to the Bar, bringing the barrister ethos to the front bench, and how he will be measuring success
