(1) It is Parliament's
intention that the legal profession should continue to be a fused profession
of barristers and solicitors.
(2) The voluntary
establishment of a separate bar is not, however, inconsistent with that
intention, nor is it inconsistent with that intention for legal practitioners
voluntarily to confine themselves to practice as solicitors.
(3) An undertaking by
a legal practitioner to practise solely as a barrister or to practise solely
as a solicitor is contrary to public policy and void (but this subsection does
not extend to an undertaking contained in or implied by a contract or
professional engagement to provide legal services of a particular kind for or
on behalf of another person).
(3a) Nothing in this
section affects the validity of any undertaking given
to the Supreme Court by a legal practitioner who receives the title "Queen's
Counsel", "King's Counsel" or " Senior Counsel" relating to the use of that
title in the course of legal practice.
(4) Despite this
section, an association of legal practitioners may be lawfully constituted on
the basis that membership is confined to legal practitioners who practise
solely in a particular field of legal practice or in a particular way.
(5) No contractual or
other requirement may be lawfully imposed on a legal practitioner to join an
association of legal practitioners.