We are regulated as unregistered barristers by the Bar Standards Board. This means that whilst we are not obliged to follow all the rules that registered barristers have to obey, the core duties of the BSB Code of Conduct and certain other rules do apply and the Board can consider any complaints made against us as individuals. In our work for Briefcase Law, we are not acting as barristers.
The BSB Handbook and Code of Conduct may be found here.
Under the Legal Services Act 2007 and the Courts and Legal Services Act 1990, it is unlawful for any person not authorized by an approved regulator to have ‘conduct of litigation’. Conduct of litigation has been defined by the Court of Appeal (in the case of Agassi v Robinson (Inspector of Taxes)(No 2)  EWCA Civ 1507) to be restricted to activities which may only be carried out by a solicitor such as issuing of proceedings in a client’s name. Further, there is no restriction on the right of a litigant to employ another person to assist with the preparation of a case and to represent the litigant in court where so permitted by the court or by the rules of court.
The Civil Procedure Rules, Practice Direction 27(3.2)(1), provide that a lay representative may present a case for a litigant in person in Small Claims in the County Court. The Lay Representatives (Right of Audience) Order 1999, Art 3.(2)(a) specifies that the client must also attend the hearing.