Client incapacity

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 barristers

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.

Client incapacity

 Important Notice

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.