The Ethics Committee of the Victorian Bar ("the Committee") is authorised under clause 15.1.2 of the Bar's Constitution to investigate complaints and disputes against barristers. The conduct of barristers is governed by the Legal Profession Act 2004 and the Rules of Conduct of the Victorian Bar. These documents set out the standards of behaviour expected of barristers in carrying out their professional duties.

The Committee is made up of 15 highly skilled and experienced practising barristers, whose task it is to ensure that the high standards of practice required of barristers are maintained. Members are invited to serve on the Committee by the Victorian Bar Council and do so voluntarily.

The Committee is assisted in its work by an investigations officer and a legal assistant. It meets fortnightly and carries out its work on a strictly confidential basis.

The role of the Ethics Committee

The Committee has three main tasks:

a. to investigate complaints about the conduct of barristers that are referred to it by the Legal Services Commissioner ("disciplinary complaints");

b. to attempt to resolve disputes about fees or claims for pecuniary loss ("disputes") or other disputes; and

c. to provide rulings and guidance to members of the Bar in their practice.

See further the section on Complaints.

How the Ethics Committee is appointed

The Ethics Committee is appointed by the Bar Council after careful consideration of matters such as-

a. the years of experience of the members so that an appropriate mix in terms of number of years of experience is achieved including junior and senior barristers;

b. the areas of law in which the members practice. The Bar endeavours to ensure that all significant areas of practice are covered. Most barristers specialise in a manageable number of areas of law and an Ethics Committee of at least 15 members is required to achieve appropriate coverage for the profession; and

c. ensuring there is an appropriate mix of new and experienced members on the Ethics Committee.

What does the Ethics Committee do?

The members of the Ethics Committee give freely and generously of their time because they recognize, as is the fact, that the function of the Ethics Committee in giving rulings, guidance and conducting investigations into complaints is inextricably interwoven with the proper administration of justice. This work provides incalculable savings that may arise from the prevention of aborted trials, both civil and criminal.

Fundamental to any understanding of how the Ethics Committee functions, and the work that it performs, is an appreciation that a barrister who is a member of the Victorian Bar is totally independent and, therefore, free to act for any client to the best of his or her ability.

Unlike solicitors, a barrister’s work is, for the most part, confined to preparation of and representing a client in court. Thus, unlike a solicitor, a barrister does not have partners, is not concerned with documenting transactions, does not hold trust money and does not have staff save for perhaps a secretary. The whole purpose of practising as a barrister in this way is to enable the barrister to be and remain completely free and independent to represent the client without being shackled in any way.

The barrister’s duties to the Court and the client

There are limits to this independence. A barrister has an absolute duty to his or her client to act in the client’s int erest. But overriding that duty is another, namely, a duty to the court. The proper administration of the system of justice is dependent upon the barrister achieving a proper balance between these two duties.

The Practice Rules of the Bar (“the Rules”) are designed with this object in mind, however, on a daily basis a number of barristers will find that for an infinite number of reasons the two duties may conflict and the answer as to how a barrister should conduct himself or herself cannot readily be found in the Rules. That is not to say the Rules are inadequate but they simply cannot cover every conceivable situation that a barrister may be confronted with in practice of the law.

A great deal of the work of the Ethics Committee is involved in making rulings to ensure that barristers do not breach either duty.

In addition, the Ethics Committee also has the authority to act on behalf of the Victorian Bar for the purposes of investigating complaints against barristers and also for the purposes of attempting to settle disputes (as that term is defined) with barristers.