*/
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.
The Chair of the Bar reports back
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
