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F A T A E R^ N F
Q U O U T
BERMUDA
BARRISTERS’ CODE OF PROFESSIONAL CONDUCT 1981
BR 48 / 1981
[made by the Bar Council and confirmed by the Chief Justice under section 9 of the Bermuda Bar Act 1974 and brought into operation on 7 August 1981]
TABLE OF CONTENTS
Citation Definitions [revoked] Integrity Duties Duties under the 1997 Act Duties under the 2008 Act Duties under the 2008 Regulations Advising clients Confidential information Pupillage Impartiality and conflict of interest Outside interests Trading in real estate Care of client’s property Conduct at court [revoked] Dress in court Duties when prosecuting a person accused of a crime Duties when defending a person accused of a crime Withdrawal of service Making legal services available Advertising [revoked] [revoked]
8A
8B
8C
[revoked] Fees Public office Respect for administration of justice Responsibility to profession Unauthorized practice of the law Relationship between barristers Practice outside Bermuda Avoidance of impropriety Rules to be observed in the spirit
Citation These Rules may be cited as the Barristers’ Code of Professional Conduct 1981.
Definitions
In this Code—
“the 1974 Act” means the Bermuda Bar Act 1974; “the 1997 Act” means the Proceeds of Crime Act 1997;
“the 2008 Act” means the Proceeds of Crime (Anti-Money Laundering and Anti- Terrorist Financing Supervision and Enforcement) Act 2008;
“the 2008 Regulations” means the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008; “barrister” means a barrister and attorney admitted to practise in accordance with the provisions of section 51 or section 53 of the Supreme Court Act 1905, and includes, in so far as applicable and with any necessary grammatical changes, a professional company;
“Board” means the Barristers and Accountants AML/ATF Board; “court” includes any court or tribunal, or any other person or body of persons before whom a barrister appears as an advocate.
[Rule 2(2) revoked and replaced by BR 120 / 2018 rule 2 effective 4 October 2018]
[Revoked by BR 120 / 2018]
[Rule 3 amended by 2009 : 29 s. 18 effective 19 October 2009; Rule 3 revoked and replaced by BR 120 / 2018 rule 2 effective 4 October 2018]
Integrity A barrister must discharge his duties to his client, the court, members of the public and his fellow members of the profession with integrity and in accordance with this Code.
by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
by, or by a representative of, a person seeking legal advice from the adviser; or
by any person— in contemplation of, or in connection with, legal proceedings; and
for the purpose of those proceedings,
but no information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering a criminal purpose.
Under section 47 of the 1997 Act, except where disclosure is likely to tip-off a client, barristers are required to make disclosures and filings of suspicious activity reports to the FIA of information acquired in the course of their professional relationships with their clients, and in doing so must avoid tipping-off the client that such disclosure or filing will be made or has been made.
All barristers must register with the FIA for the purpose of making disclosures under section 46(A1) of the 1997 Act.
In this rule—
“FIA” means the Financial Intelligence Agency established under section 3 of the Financial Intelligence Agency Act 2007; “professional legal adviser” has the meaning given in section 42A(1) of the 1997 Act.
[Rule 8A inserted by BR 120 / 2018 rule 4 effective 4 October 2018]
Duties under the 2008 Act
Under Part 4A of the 2008 Act, barristers, firms of barristers and professional companies in independent practice are referred to as “firms”.
Under section 30C (Registration of firms) of Part 4A of the 2008 Act, all firms must register with the Board, and provide such information about the nature of the firm’s business and activities as the Board may require.
Under section 30C(3) of the 2008 Act, the Board determines whether or not a barrister, firm of barristers or professional company registered under that Act as a firm is a regulated professional firm.
It is improper conduct—
under section 17(1)(cb) of the 1974 Act if a barrister fails to comply with a requirement imposed under Part 4A of the 2008 Act; under section 17(3)(d) of the 1974 Act if a professional company fails to comply with a requirement imposed under Part 4A of the 2008 Act.
[Rule 8B inserted by BR 120 / 2018 rule 4 effective 4 October 2018]
(a)
(b)
(c) (i)
(ii)
8B (1)
(a)
(b)
Duties under the 2008 Regulations The 2008 Regulations apply to barristers, firms of barristers and professional companies as professional legal advisers when participating in financial or real property transactions concerning a specified activity, referred to in those Regulations as “relevant persons”.
Under regulation 9(1)(b) of the 2008 Regulations, a relevant person must not establish a business relationship or carry out occasional transactions with a customer if the relevant person is unable to apply customer due diligence measures in accordance with the 2008 Regulations.
Under regulation 9(1)(c) of the 2008 Regulations, a relevant person must terminate any existing business relationship with a customer if the relevant person is unable to apply customer due diligence measures in accordance with the 2008 Regulations.
Under regulation 18(1)(b) of the 2008 Regulations, a relevant person is required to take measures to regularly train relevant employees on how to recognise and deal with transactions which may be related to money laundering or terrorist financing;
For the purpose of meeting the requirement referred to in paragraph (4), a relevant person must provide training to relevant employees at least once in every two years.
Under regulation 18(1)(c) of the 2008 Regulations, a relevant person must take appropriate measures to screen all relevant employees prior to hiring.
It is improper conduct— under section 17(1)(ca) if a barrister fails to comply with the 2008 Regulations;
under section 17(3)(ca) if a professional company fails to comply with the 2008 Regulations.
[Rule 8C inserted by BR 120 / 2018 rule 4 effective 4 October 2018]
Advising clients
A barrister must be both candid and honest when advising clients and give his clients a competent opinion based on the known facts and the law applicable thereto. It may well be necessary, therefore, for him to investigate the facts as well as research any applicable law before giving an opinion.
A barrister should advise and encourage a client to settle a dispute whenever such a course appears to be advantageous for the client.
A barrister must never knowingly assist or encourage any dishonesty, fraud, crime or illegal conduct nor advise his client as to how to violate the law.
A barrister must not advise, threaten or bring criminal or quasi-criminal proceedings in order to secure some advantage for a client in civil proceedings. Neither should he advise, seek or procure the withdrawal of a prosecution in consideration of the payment of money or transfer of property to or for the benefit of a client.
8C (1)
(a)
(b)
Impartiality and conflict of interest A barrister or firm of barristers must neither advise nor represent both sides to a dispute. Save after adequate disclosure to and with the consent of all clients or prospective clients concerned, he or the firm should not act or continue to act in a matter when there is or there is likely to be a conflict of interest.
A barrister may appear for more than one party in a trial provided he satisfies himself that there is not and is not likely to be any conflict of interest.
A barrister shall not act for an opponent of a client, or of a former client, in any case in which his knowledge of the affairs of such client or former client may give him an unfair advantage.
Where a barrister or a member of his staff who has acted on behalf of a client in a matter, irrespective of the nature of the matter, subsequently joins another firm (“the new firm”) which acts or has the opportunity of acting for a party with interests adverse to those of the former client, he or that staff member and the new firm should cease or decline to act in the matter if he or the staff member is by virtue of his former capacity in possession of material information which would not properly have become available to him in his new capacity:
Provided that the Bar Council may, after ascertaining the views of the former client, exempt a barrister or a member of his staff from the above requirement.
[Rule 24A inserted by BR 51/1994 effective 2 December 1994]
Where two firms, after previously acting for clients engaged in litigation against each other or with conflicting interests, amalgamate in circumstances such that, if the same barrister had been acting for both clients he would by reason of these Rules be unable to continue to act for either client, then the amalgamated firm must cease to act for any of such clients:
Provided that the Bar Council may, after ascertaining the views of all the clients involved, exempt an amalgamated firm from the above requirement.
[Rule 24B inserted by BR 51/1994 effective 2 December 1994]
A barrister shall not act for a client in any case where he has reason to believe that the opponent will be calling as a witness another client or former client and there is a probability that he will have to cross-examine that client or former client with regard to matters which have come to his knowledge as a result of the relationship that has existed between them. If such a witness is called unexpectedly then the barrister should apply for leave of the court to withdraw from the case.
A barrister shall not invest or advise the investment of any funds belonging to a client or in which a client has a beneficial interest, in any company, business or other activity in which the barrister has a beneficial interest without full and complete disclosure of his interest.
24A
24B
Before a barrister or firm of barristers accepts employment for more than one client in any matter he or the firm must advise the clients concerned that he or the firm has been asked to act for both or all of them, that no information received in connection with the matter from one can be treated as confidential so far as any of the others are concerned, and that if a conflict develops which cannot be resolved he or the firm cannot continue to act for both or all of them and may have to withdraw completely.
A barrister may not appear as counsel in a matter in which he himself is a party or has a significant pecuniary interest, except where claiming for his or his firm’s professional fees and disbursements.
A barrister shall not appear as counsel in a matter in which he is likely to be a necessary witness unless—
the testimony relates to an uncontested issue; or
the testimony relates to the nature or value of legal services rendered; or
the Bar Council, being satisfied that his not appearing would work a substantial hardship on the client, gives its prior approval for him so to appear.
A barrister may properly appear as counsel in a matter in which a partner or employee or employer of his, or a registered associate employed in a practice to which they both belong, is likely to be called as a witness, unless his so appearing would involve a breach of some other provision of this Code.
[Rule 29 substituted by BR 51/1994 effective 2 December 1994]
Outside interests
A barrister who engages in another profession, business or occupation concurrently with the practice of law must not allow such outside interest to jeopardise his professional integrity, independence or competence.
It is the duty of a barrister to ensure when he is involved in an interest outside his legal practice that every client for whom he acts who might be affected by such interest is made aware of the barrister’s interest.
Trading in real estate A barrister when trading in real estate as permitted by the Real Estate Brokers’ Licensing Act 2017 shall not charge a commission or percentage of the sale price realized on a transaction in real estate or based on the value of real property dealt with by him for his client, by way of alternative to his usual charges.
[Paragraph 32 amended by 2017 : 28 s. 55 & Sch. 3 effective 2 October 2017]
(a)
(b)
(c)
In an appeal either to the Supreme Court or to the Court of Appeal a barrister should not settle grounds of appeal unless he considers that the proposed appeal is properly arguable.
A barrister shall not—
knowingly assist or permit his client to do anything which the barrister considers to be vexatious, dishonest or dishonourable;
appear before a court when he or his associates have business or personal relationships with a member of the court which give rise to or might reasonably appear to give rise to pressure, influence or inducement affecting the impartiality of the court unless the member of the court withdraws from the court while it is considering the matter in respect of which the barrister is appearing;
endeavour or allow anyone else to endeavour, directly or indirectly, to influence the decision or action of a court or any of its officials whether by bribery, personal approach or any means other than open persuasion as an advocate;
knowingly attempt to deceive a court or influence the course of justice by offering false evidence, mis-stating facts or law, presenting or relying upon a false or deceptive affidavit; suppressing what ought to be disclosed, or otherwise assisting in any fraud, crime or illegal conduct. A barrister who has innocently put on the file an affidavit by his client which he has subsequently discovered to be false in a material particular shall withdraw the same and where this is not possible shall inform the court and opposing counsel at the earliest date;
knowingly mis-state the contents of a document, the testimony of a witness, the substance of an argument or any provision of the law or any case that he cites or refers to;
dissuade a material witness from giving evidence or advise such a witness to absent himself;
knowingly assist a witness to misrepresent himself or impersonate another;
needlessly abuse, hector, harass or inconvenience a witness. in all cases it is the duty of a barrister to guard against being made the channel for questions or statements which are only intended to insult or annoy either the witness or any other person or otherwise are an abuse of counsel’s function, and to exercise his own judgment both as to the substance and the form of the questions put or statements made.
In both civil and criminal cases, a barrister must ensure that the court and opposing counsel are informed of any relevant decision on a point of law or any legislative provision, of which he is aware and which he believes to be immediately in point, whether it be for or against his contention.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
If at any time before judgment is delivered in a civil case, a barrister is informed by his lay client that he has committed perjury or has otherwise been guilty of fraud upon the Court, the barrister may not so inform the Court without his client’s consent. He may not, however, take any further part in the case unless his client authorizes him to inform the Court of the perjured statement or other fraudulent conduct and he has so informed the Court,
In cross-examination which goes to a matter in issue, a barrister may put questions suggesting fraud, misconduct or the commission of a crime only if he is satisfied that the matters suggested are part of his client’s case and he has no reason to believe that they are only put forward for the purpose of impugning the witness’s character.
Except with the consent of the client or in unavoidable circumstances a barrister may not hand over the conduct of the main trial of an action or prosecution to another barrister as if the latter barrister had himself been instructed.
If in a criminal case some procedural irregularity comes to the knowledge of defence counsel before the verdict is returned, he should inform the court as soon as practicable and should not wait with a view to raising the matter later on appeal. Defence counsel is not under any duty to draw matters of fact or law to the attention of the court at the conclusion of the summing-up, but he may do so if he believes it would be to the advantage of his client.
Defence counsel has no duty to advise his client to disclose a previous conviction. If the court has been led by the prosecution to believe that an accused has no previous convictions, defence counsel is under no duty to disclose facts to the contrary which are known to him, nor correct any information given by the prosecution if such disclosure or correction would be to his client’s detriment; but defence counsel must take care not to lend himself to any assertion that his client has no convictions, or to ask a prosecution witness whether there previous convictions against his client, in the hope that he will receive a negative answer.
Every accused person has the right to decide whether to give evidence in his own defence. A barrister may properly advise his client upon this but it is the accused himself who must make the decision.
[revoked]
[Rule 51 revoked by BR 51/1994 effective 2 December 1994]
If an accused person instructs his counsel that he is not guilty of the offences with which he is charged but decides not to give evidence himself, it is the duty of his counsel to put his defence before the court and, if necessary, to make positive suggestions to witnesses. It is the duty of counsel, where instructed to make suggestions of misconduct or dishonesty to witnesses, to warn the client of the risk of adverse judicial comment if the client decides not to give evidence in support of those suggestions.
No conspicuous jewellery ornaments should be worn.
The silk gown is the correct gown for Queen’s Counsel.
Duties when prosecuting a person accused of a crime
When engaged as a prosecutor the barrister’s prime duty is to see that justice is done through a fair trial upon the merits and not primarily to seek for a conviction. The prosecutor must act fairly and dispassionately. He should make timely disclosure to the accused or his barrister (or to the court if the accused is not represented) of all relevant facts and witnesses known to him, whether tending towards guilt or innocence. Where prosecuting counsel has in his possession statements from persons whom he does not propose to call as witnesses, he should regard it as normal practice to show such statements to the defence. Where, however, the defence already know of the existence, identity and whereabouts of any such person and are in a position to call him (as, for example, when a notice of alibi has been served, or when such person is married to a defendant) and in other exceptional circumstances, then prosecuting counsel may, in his discretion, refrain from showing the statement to the defence.
It is the duty of prosecuting counsel to assist the court at the conclusion of the summing up by drawing attention to any apparent errors omissions of fact or law which, in his opinion, ought to be corrected.
Where an accused person is unrepresented, it is appropriate for prosecuting counsel to inform the court of any mitigating circumstances of which he has knowledge.
[Rule 64 substituted by BR 51/1994 effective 2 December 1994]
Duties when defending a person accused of a crime
When defending a client on a criminal charge, a barrister must endeavour to protect his client from being convicted except by a competent court and upon legal evidence sufficient to support a conviction for the offence with which his client is charged. A barrister must not devise facts which will assist in advancing his client’s case. accordingly, and notwithstanding the barrister’s private opinions as to credibility or merits, a barrister may properly rely upon any evidence or defences including “technicalities” not known to be false or fraudulent.
A barrister may not in cross-examination attribute to another person the crime with which his client is charged unless he can properly do so in accordance with paragraph 46; or in any other part of the trial, unless there are facts or circumstances which reasonably suggest the possibility that the crime may have been committed by the person to whom the guilt is imputed.
Admissions made by the accused to his barrister may impose strict limitations on the conduct of the defence, and the accused should be made aware of this. For example, if the accused clearly admits the factual and mental elements necessary to constitute the offence, the barrister, even if convinced that the admissions are true and voluntary, may properly take objection to the jurisdiction of the court, or to the form of the indictment, or
to the admissibility or sufficiency of the evidence, but he must not suggest that some other person committed the offence or call any evidence which, by reason of the admissions, he believes to be false. Nor may he set up an affirmative case inconsistent with such admissions, for example by calling evidence in support of an alibi intended to show that the accused could not have done, or in fact had not done, the act. Such admissions will also impose a limit upon the extent to which the evidence for the prosecution may be attacked. The defence is entitled to test the evidence given by each individual witness for the prosecution and to argue that the evidence taken as a whole is insufficient to amount to proof that the accused is guilty of the offence charged, but it should go no further than that.
A barrister may advise his client about pleading guilty to a charge, and such advice may be that a guilty plea showing an element of remorse is a mitigating factor which might enable the court to give a lesser sentence. The client, having received the barrister’s advice, must be allowed complete freedom of choice whether to plead guilty or not guilty.
It is proper for defending counsel to discuss with the prosecutor the possibility of his client pleading guilty to a lesser charge or to the subsisting charge with the hope of a reduced sentence if—
he considers it unlikely that his client will be acquitted; and
he has discussed the implications and possible consequences with his client; and
his client has instructed him to have such discussions,
but the court must not be brought into any such discussions.
Withdrawal of service
Subject to paragraphs 71 and 72 a barrister shall not withdraw his services from a client except for good cause and upon notice appropriate in the circumstances.
A barrister is required to withdraw his services from a client if— to continue his services will require him to act in a manner inconsistent with his duty to a court or with the professional conduct expected of him; or
a client is guilty of dishonest or dishonourable conduct in relation to the matter in respect of which the barrister is appearing or acting; or a client wishes to proceed solely to harass or maliciously injure another person; or
a client insists on giving evidence either orally or by affidavit which the barrister is satisfied that the client knows to be false in a material respect.
A barrister may withdraw his services from a client if— he is satisfied that a client has lost confidence in him or when a client does not accept his advice; or
(i)
(ii)
(iii)
(i)
(ii)
(iii)
(iv)
(i)
In any case where a barrister declines to act for a prospective client, he should when requested assist the prospective client in finding a suitable alternative barrister.
A barrister should assist in making legal services available to the public by participating in legal aid plans, by engaging in programmes of public information, education or advice concerning legal matters.
In legally-aided civil cases a barrister’s primary duty remains to his client but circumstances may arise where, for example, a barrister becomes of the opinion that an assisted person no longer has a reasonable prospect of success, or has required the case to be conducted or continued unreasonably in which case a barrister must comply with the provisions of the Legal Aid (General) Regulations 1980 [ title 8 item 37(a) ].
It is part of the duty of a barrister instructed for a hearing to be available if necessary for a conference on a day prior to the hearing and for so long as may be required properly to discuss matters with the lay client.
Advertising
Barristers may only publicise their practice in accordance with guidelines approved by the Bar Council.
Save in accordance with Bar Council guidelines, a barrister may not do, or cause or allow to be done on his behalf, anything for the purpose of touting, whether directly or indirectly, or anything likely to lead to a reasonable inference that the thing done was done for that purpose.
[Rule 85 substituted by BR 51/1994 effective 2 December 1994; and para (2) substituted by BR 36/ effective 4 June 1999]
A barrister or firm of barristers shall not list on his or the firm’s letterhead the name of any person other than—
a barrister holding a valid practising certificate; or
a registered associate; or
a legal executive who is a Fellow of the Institute of Legal Executives, if he is identified on the letterhead as such an executive and such a Fellow.
[Rule 86 substituted by BR 51/1994 effective 2 December 1994]
[revoked]
[Rule 87 revoked by BR 51/1994 effective 2 December 1994]
[revoked]
[Rule 88 revoked by BR 51/1994 effective 2 December 1994]
(a)
(b)
(c)
[revoked]
[Rule 89 revoked by BR 51/1994 effective 2 December 1994]
A barrister (hereinafter in this rule called “the Employee”) in the employment of another barrister or firm of barristers (hereinafter in this rule called “the Employer”) shall not during such employment nor after termination of such employment, without justification do nor attempt to do any of the following:
induce any clients instructing the Employer to terminate such instructions;
induce any such clients to give their instructions to the Employee upon establishing his own practice or to a barrister or firm whom the Employee is joining, is intending to join or has joined as a member, associate or employee or to any other barrister or firm;
take or retain any clients’ or office files (or copies of them) maintained by the Employer.
Fees A barrister shall not—
stipulate for, charge or accept any fee which is not fair and reasonable;
appropriate any funds of his client held in trust or otherwise under his control for or on account of his fees without the express authority of his client, except as permitted by the Barristers (Accounts and Records) Rules 1976 [ title 30 item 3(b) ] or any other provision of the law; and
where a fee is laid down in any provision of the law as the proper fee charge more than that fee.
A barrister may reduce or waive fees in cases where payment of his usual fees would involve a client in hardship.
[Rule 91 amended by BR85/2006 effective 15 December 2006]
A barrister should, if requested, give his client a fair estimate of the fees and disbursements that are likely if he acts for the client pointing out when necessary where there may be an increase in such fees and disbursements.
A barrister shall not divide his fees with another barrister who is not a partner or an associate unless the client, having been informed that a division of fees is proposed, has consented to the employment of the other barrister. In such a case the fees should be divided in proportion to the work done and responsibilities assumed.
A barrister shall declare to his client the total sum he has received or will receive as a result of acting for the client and, subject to the following provisions of this rule, shall not accept any hidden commission or reward of any sort.
89A
(a)
(b)
(c)
(i)
(ii)
(iii)
If a barrister or any of his partners or associates is a member of an official body, he should not appear professionally before that body or before a committee of it. It is not, however, improper for him to appear before a body a member of which is a partner or associate of his if that partner or associate withdraws from the body while it is considering the matter in respect of which the barrister is appearing. It is also not improper for him to appear before a committee of a body if a partner or associate of his is a member of such a body and such partner or associate is not a member of that committee.
A barrister should not represent in the same or any related matter any persons or interests with whom he has been concerned in an official capacity. Likewise, he should not advise upon a ruling of an official body of which he is a member or of which he was a member at the time the ruling was made.
Respect for administration of justice
A barrister shall encourage public respect for and shall try to improve the administration of justice.
Responsibility to profession A barrister shall assist in maintaining the integrity and reputation of the Profession.
A barrister shall comply with the requirements of such Continuing Legal Education Programme as the Bar Council may from time to time approve.
[Rule 103A inserted by BR 14/2000 r.3 effective 10 March 2000]
A barrister shall report to the Bar Council breaches of this Code which come to his knowledge and which he considers to be serious.
Unauthorized practice of the law
A barrister shall assist in preventing the unauthorized practice of the law.
A barrister shall not without approval of the Bar Council employ in any capacity having to do with the practice of law a barrister who is under suspension as a result of disciplinary proceedings, or a person who has been disbarred or has been permitted to resign while facing disciplinary proceedings and who has not been reinstated.
A barrister has professional responsibility for all business entrusted to him. He must maintain direct supervision over any of his staff who are not barristers. He should ensure that all matters requiring a barrister’s professional skill and judgment are dealt with by a barrister or registered associate.
Relationship between barristers
A barrister shall act with good faith and courtesy in his relationship with other barristers.
103A
A barrister shall give no undertaking he cannot fulfil and he must fulfil every undertaking he gives. Undertakings should be written or confirmed in writing and they should be absolutely unambiguous in their terms. If a barrister giving an undertaking does not intend to accept personal responsibility, he should state this in the undertaking itself. In the absence of such a statement, the person to whom the undertaking is given should be deemed to expect that the barrister giving it will honour it personally,
A barrister shall not communicate upon or attempt to negotiate or compromise a matter directly with any party who is to the barrister’s knowledge represented by a barrister except through or with the consent of that barrister.
A barrister shall neither in response to the enquiry of a member of the public nor gratuitously criticize the competence, conduct, advice or charges of other barristers.
The barrister should, however, be prepared when requested by a member of the public to do so, to advise and represent such a person in any complaint or proposed court action against another barrister. Any advice given or pleadings settled in the course of that matter shall be deemed not to be criticism within (1) above.
A barrister who finds on receiving a brief or instructions that acceptance of the papers would amount to his replacing another barrister who has previously been instructed in the same matter should inform that barrister that the papers have been delivered to him.
A barrister should accede to reasonable requests concerning trial dates, adjournments, waiver or procedural formalities and similar matters which do not prejudice the rights of his client.
Where a barrister knows that another barrister is concerned in a case he should not proceed by default without enquiry and warning.
A barrister shall not take advantage of or act without fair warning upon slips, irregularities or mistakes on the part of another barrister not going to the merits or involving the sacrifice of the client’s rights.
A barrister should not use a tape-recorder or other device to record a conversation with another barrister without first warning that other barrister.
Informal discussions between barristers regarding a case should normally be treated as confidential unless it has been clearly established between them that the discussions are not so intended.
Practice outside Bermuda
Subject to the circumstances set out in paragraph 116 the principles set out in this Code shall be applicable to practice by members of the Bermuda Bar whether carried on within Bermuda or elsewhere.
In the case of Bermuda barristers practising abroad, they are required to observe the local ethical standards and rules of the appropriate Bar Association or Law Society in
