Barristers Who Are Also Qualified As Notaries

Barristers who are also qualified as notaries

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Introduction

The Professional Conduct and Complaints Committee (PCCC) has been asked to produce guidance for members of the Bar of England and Wales who are also members of the notarial profession, on the extent to which practice in the two professions can be combined. The problem is that the work of notaries extends beyond their well-known functions (such as authenticating legal documents for use abroad), into wider functions (such as the giving of legal advice to the public direct and the holding of clients' money) that are not normally permitted to practising barristers. The guidance below has been produced following consultation with the Faculty office of the Archbishop of Canterbury, the Notaries Society, and the Society of Scrivener Notaries. It is general guidance only; specific problems may be put to the Bar Council for individual guidance and in appropriate cases, applications may be made for a waiver from the need to comply with provisions of the Bar's Code of Conduct. Different considerations apply to the three main classes of barrister:

·  self-employed barristers;

·  employed barristers;

·  unregistered barristers.

Self-Employed Barristers

A self-employed barrister may practise simultaneously as a barrister and notary, provided he keeps his two professions strictly separate (i.e while a person is his notarial client he does not act for that client as a barrister, and vice versa) and in relation to each practice complies strictly with the rules of the relevant profession. For the avoidance of doubt, a barrister acting as a notary may give such legal advice direct to his client as is necessary for the proper discharge of his notarial function (e.g. advice as to the nature and effect of the legal document or transaction which is being notarised) and may, so far as the notarial rules permit, handle client's money subject to it being made clear that he is acting as a notary in connection with those activities.

Employed Barristers

A barrister/notary who is employed (by solicitors, or any other employer) may provide any notarial functions to his employer, or on his employer's behalf to clients of his employer, provided that he complies with the rules of the notarial profession and identifies himself as a notary in connection with those functions.

Unregistered Barristers

An unregistered barrister who is also a notary may practise as a notary without other restriction, provided that he complies with the rules of the notarial profession and does not hold himself out as a barrister in connection with his practice as a notary.

First issued: July 2007

Last reviewed: September 2008

Standards Committee

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