At the outset of litigation there may be a time when rival parties will not want the fact that they have taken legal advice to be known otherwise than to their advisers.
- In such circumstances Counsel will ensure that the clerks are aware of the fact and will inform his/her clerk if the position changes.
- If appropriate or practicable, both Counsel will be informed of each other’s involvement.
- If both Counsel have been informed, both sets of solicitors should be informed that they have instructed counsel in the same Chambers.
- Clerks will inform solicitors of the possible conflict of interest and of Chambers practice in such circumstances; this is to enable the client to decide if he/she wishes to continue to instruct the barrister in question.
- Clerks and solicitors will discuss and consider whether any variation of usual Chambers practice is necessary in the particular circumstances.
- Every effort will be made to accommodate any reasonable request made by an instructing solicitor for special measures to be taken.
- Consideration will be given to providing separate designated clerking where members appear against each other.
- Clerks will inform Instructing Solicitors of who is the relevant clerk(s) designated to dealing with their case in.
- The clerks responsible will communicate this information with the rest of the clerking team.
- Care will be taken to ensure papers are kept secure or locked in a safe to ensure confidentiality.
- When papers are received for a particular barrister, the clerks will ensure that they have been securely stored.
- Wherever practicable, papers delivered to a particular barrister will be placed in his/her room in an envelope, or storage file/box and the barrister informed.
- A record of the secure storage of papers will be made on the computer
A record will be made on the computer confirming the date and method used for returning confidential papers.