Barristers will face a duty to report misconduct by their colleagues under new rules proposed by the bar’s regulator.

The Bar Standards Board last week published its fourth and final paper in a series of consultations designed to modernise and clarify the bar’s code of conduct. The new rules introduce a requirement for barristers to report serious professional misconduct by other members of the bar. No similar duty is contemplated for them to report misconduct by solicitors.

The BSB previously declined to impose such a duty, as barristers feared it could be used as a litigation tactic. But following representations from consumer organisations, including its own consumer panel, it has decided to introduce a positive duty.

Restrictions on barristers’ freedom to speak to the press have been relaxed, with the rule preventing barristers from commenting to the media to be replaced with guidance. This will end the anomalous situation whereby solicitor-advocates have been permitted to voice opinions in media statements on ongoing cases, while barristers have not.

The consultation also proposes changes to training requirements, linking CPD to the renewal of practising certificates, and amending arrangements for the first three years of self-employed practice. There are new requirements for barristers to share responsibility for the management of chambers, and those without practising certificates will be called ‘unregistered barristers’.

BSB chair Baroness Deech said: ‘The BSB is keen to ensure that the new code will be clearer and easier to understand than the current code, and that its language is more accessible to all.

‘The legal services market is changing rapidly and the new code needs to be sufficiently flexible to allow barristers to work in this demanding environment.’