Purpose: To assist barristers who have doubts
about a client's capacity - by reason of mental disorder or by
reason of temporary intoxication - to understand advice, give
instructions, or follow or take part in proceedings
Scope of application: All practising
Issued by: The Ethics Committee
First issued: February 2014
Last reviewed: April 2017
Status and effect: Please see the important notice at end
of this document. This is not "guidance" for the purposes of the
BSB Handbook I6.4.
To read this document, please click on the link below.
This document has been prepared by the Bar Council to assist
barristers on matters of professional conduct and ethics.
It is not "guidance" for the purposes of the BSB Handbook
I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal
Ombudsman is bound by any views or advice expressed in it.
It does not comprise - and cannot be relied on as giving - legal
advice. It has been prepared in good faith, but neither the Bar
Council nor any of the individuals responsible for or involved in
its preparation accept any responsibility or liability for anything
done in reliance on it. For fuller information as to the status and
effect of this document, please refer to the professional practice
and ethics section of the Bar Council's website here.