*/
What to do if a grateful client offers you a holiday on their superyacht? A guide to your professional obligations
You are at the end of your tax year and note that a particular firm of solicitors has sent you an increase in work and your clerk has managed your diary well. You intend to buy both a gift but want to make sure you are not in breach of the Code of Conduct.
The good news is there is nothing in the code to prevent you from giving such gifts. However, there are things that you will need to consider. First, you need to ensure that any gift is of modest value and proportionate. In the case of the solicitor it is important that the gift is not construed as a referral fee which is prohibited under Rule C10. If the gift is in the form of corporate entertainment it too must be proportionate (gC20). In both scenarios the gift cannot be in the form of cash (gC18.3).
In some overseas jurisdictions giving gifts is accepted common practice. The test to be applied here is whether the gift is reasonable and justified. Such gifts cannot be linked to promises of future work and if they are to be given there must be clear justifiable reasons for doing so.
The giving of gifts to a clerk is a sensitive issue that arises most notably at Christmas time. Individual chambers have different policies, many of them informal, but it is good practice to have a policy setting out guidelines both for members of chambers and the clerks team. Again, the gift should be of modest value and proportionate. Giving gifts to someone who by the nature of their role can be in a position of influence, for example in the distribution of work, can run contrary to chambers’ E&D policy and the rules concerning fair distribution of work (rC110.3.i). Even if it is not the intention, an unhealthy situation may have been created which could end up creating difficulties, particularly if a practice swings one way or the other on the back of giving such a gift.
What if a grateful client offers you a holiday on their superyacht? Or case of champagne? Or a box of chocolates? Or £100 in cash? You need to think about whether accepting the gift would breach your core duty to maintain independence (CD4). Would it affect your relationship with the client and undermine the overriding duty you owe to the court (rC3)? Or would it reasonably be seen by the public as undermining your independence (rC8)?
The Handbook does not impose an outright ban on receiving gifts from clients, nor does it set a maximum value on acceptable gifts. Instead, it says you should consider carefully whether the circumstances and size of the gift would reasonably lead others to think that your independence should be compromised (gC19). So proportionality is key. Even a holiday on a superyacht may not be disproportionate if it comes at the end of a very high-value matter that you have worked on for a long time. But you have to think very carefully about whether the gift might undermine your independence, or be perceived as doing so. Bear in mind:
Gifts of money should always be refused. Not only can they be seen as compromising your independence (gC18.3), but they may also be taken for an unlawful fee arrangement or referral fee.
Tony McDaid and Clare Strickland are members of the Bar Council Ethics Committee. The revised Bar Council guidance on gifts and entertainment can be found here.
You are at the end of your tax year and note that a particular firm of solicitors has sent you an increase in work and your clerk has managed your diary well. You intend to buy both a gift but want to make sure you are not in breach of the Code of Conduct.
The good news is there is nothing in the code to prevent you from giving such gifts. However, there are things that you will need to consider. First, you need to ensure that any gift is of modest value and proportionate. In the case of the solicitor it is important that the gift is not construed as a referral fee which is prohibited under Rule C10. If the gift is in the form of corporate entertainment it too must be proportionate (gC20). In both scenarios the gift cannot be in the form of cash (gC18.3).
In some overseas jurisdictions giving gifts is accepted common practice. The test to be applied here is whether the gift is reasonable and justified. Such gifts cannot be linked to promises of future work and if they are to be given there must be clear justifiable reasons for doing so.
The giving of gifts to a clerk is a sensitive issue that arises most notably at Christmas time. Individual chambers have different policies, many of them informal, but it is good practice to have a policy setting out guidelines both for members of chambers and the clerks team. Again, the gift should be of modest value and proportionate. Giving gifts to someone who by the nature of their role can be in a position of influence, for example in the distribution of work, can run contrary to chambers’ E&D policy and the rules concerning fair distribution of work (rC110.3.i). Even if it is not the intention, an unhealthy situation may have been created which could end up creating difficulties, particularly if a practice swings one way or the other on the back of giving such a gift.
What if a grateful client offers you a holiday on their superyacht? Or case of champagne? Or a box of chocolates? Or £100 in cash? You need to think about whether accepting the gift would breach your core duty to maintain independence (CD4). Would it affect your relationship with the client and undermine the overriding duty you owe to the court (rC3)? Or would it reasonably be seen by the public as undermining your independence (rC8)?
The Handbook does not impose an outright ban on receiving gifts from clients, nor does it set a maximum value on acceptable gifts. Instead, it says you should consider carefully whether the circumstances and size of the gift would reasonably lead others to think that your independence should be compromised (gC19). So proportionality is key. Even a holiday on a superyacht may not be disproportionate if it comes at the end of a very high-value matter that you have worked on for a long time. But you have to think very carefully about whether the gift might undermine your independence, or be perceived as doing so. Bear in mind:
Gifts of money should always be refused. Not only can they be seen as compromising your independence (gC18.3), but they may also be taken for an unlawful fee arrangement or referral fee.
Tony McDaid and Clare Strickland are members of the Bar Council Ethics Committee. The revised Bar Council guidance on gifts and entertainment can be found here.
The beginning of the legal year offers the opportunity for a renewed commitment to justice and the rule of law both at home and abroad
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
By Kem Kemal of Henry Dannell
By Ashley Friday of AlphaBiolabs
Providing bespoke mortgage and protection solutions for barristers
Joanna Hardy-Susskind speaks to those walking away from the criminal Bar
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
Irresponsible use of AI can lead to serious and embarrassing consequences. Sam Thomas briefs barristers on the five key risks and how to avoid them
Yasmin Ilhan explains the Law Commission’s proposals for a quicker, easier and more effective contempt of court regime
James Onalaja concludes his two-part opinion series