Chapter 13A: Practice Overseas

Version 18 of the Handbook was published on 1 November 2016. For more information, please click "History" above.

Chapter 13A: Practice Overseas

13A.1

If you are an individual or body practising overseas, the Code does not apply to you, but you must comply with the SRA Overseas Rules.

13A.2

However, if the following circumstances apply then you must comply with the provisions of the Code that are applicable to you as set out in 13A.3 to 13.A.6 below:

(d)

a body practising from an office outside England and Wales, only if you are required to be an authorised body as a result of the nature of your practice and you have been authorised by the SRA accordingly;

(e)

a manager of such a body; or

(f)

an individual engaged in temporary practice overseas.

(g)

a regulated individual practising overseas who is providing reserved legal activities to clients in England and Wales on an occasional basis, in accordance with rule 2(e)(i) of the SRA Overseas Rules.

13A.3

The following provisions of the Code apply:

(a)

chapter 3 (conflicts of interests);

(b)

chapter 4 (confidentiality and disclosure);

(c)

chapter 5 (your client and the court), to the extent that your practice relates to litigation or advocacy conducted before a court, tribunal or enquiry in England and Wales or a British court martial;

(d)

outcomes 6.1 to 6.3 (your client and introductions to third parties);

(e)

chapter 7 (management of your business);

(f)

outcomes 8.1 and 8.4 (publicity);

(g)

outcomes 9.1 to 9.7 (fee sharing and referrals),except where they conflict with the SRA European Cross-Border Practice Rules, in which case the latter will prevail;

(h)

chapter 10 (you and your regulator);

(i)

chapter 11 (relations with third parties), except that Outcome 11.3 only applies if the land in question is situated in England and Wales; and

(j)

chapter 12 (separate businesses).

13A.4

In addition, you must meet the following outcomes:

O(13A.1)

you properly account to your clients for any financial benefit you receive as a result of your instructions unless it is the prevailing custom of your local jurisdiction to deal with financial benefits in a different way;

O(13A.2)

clients have the benefit of insurance or other indemnity in relation to professional liabilities which takes account of:

(a)

the nature and extent of the risks you incur in your practice overseas;

(b)

the local conditions in the jurisdiction in which you are practising; and

(c)

the terms upon which insurance is available;

and you have not attempted to exclude liability below the minimum level required for practice in the local jurisdiction;

O(13A.3)

you do not enter into unlawful contingency fee arrangements;

O(13A.4)

you do not discriminate unlawfully according to the jurisdiction in which you are practising; and

O(13A.5)

publicity intended for a jurisdiction outside England and Wales must comply with any applicable law or rules regarding lawyers' publicity in the jurisdiction in which your office is based and the jurisdiction for which the publicity is intended.

13A.5

you must be aware of the local laws and regulations governing your practice in an overseas jurisdiction;

13A.6

if compliance with any outcome in the Code would result in your breaching local laws or regulations you may disregard that outcome to the extent necessary to comply with that local law or regulation.