Clerk & Counsel Chambers Partnership Terms and Conditions

These Terms and Conditions govern the Chambers Partnership provided by Clerk & Counsel (C&C, we, us or our) to the chambers identified in the relevant subscription form (Chambers).

By submitting the subscription form and confirming acceptance of these Terms, Chambers enters into an agreement with C&C on these Terms.

The Chambers Partnership provides Chambers and its participating barristers with access to C&C's marketing, business development, platform and enquiry services.

C&C is not a barristers' chambers, law firm or provider of legal services and does not provide legal advice or legal representation.

During the subscription, C&C will provide Chambers with access to its Chambers Partnership service.

The service includes, as appropriate: a Chambers profile on the C&C website; profiles for participating barristers; promotion through C&C's website, network and marketing activity; inclusion within relevant practice-area and location-based pages; opportunities to contribute to C&C content; marketing of the C&C barrister network to solicitors, businesses, Direct Access clients and other potential users; consideration for relevant enquiries; matching based on the matter, expertise, availability, seniority, location, fees and client requirements; liaison with Chambers' clerks; collection of initial enquiry information; and periodic information or reporting concerning enquiries and opportunities.

C&C may reasonably change or develop the way in which the Chambers Partnership is delivered from time to time, provided that the overall nature of the service is not materially reduced.

The monthly subscription fee is the amount selected or specified in the subscription form. It is a fixed fee for access to and provision of the Chambers Partnership, including C&C's marketing, promotional, business development, platform and enquiry services.

The subscription fee is payable regardless of the number of enquiries received or provided, whether a barrister accepts an instruction, whether a client proceeds, the value of work undertaken, or fees earned. It is not calculated by reference to the number or value of instructions.

Payment does not purchase any particular enquiry or instruction and does not guarantee that work will be received.

Unless separately agreed in writing for genuinely separate services, C&C will not charge a participating barrister an additional percentage clerking fee for an instruction received through the Chambers Partnership where Chambers undertakes its clerking and administration.

The subscription fee is payable monthly in advance by invoice or another payment method agreed with C&C. The first payment becomes due when the Chambers Partnership commences.

If an invoice remains unpaid after its due date, C&C may suspend Chambers' profile, participation in marketing activity and access to new enquiry opportunities until payment is made. Suspension does not remove liability for amounts already due.

The Chambers Partnership runs on a rolling monthly basis from the subscription start date. There is no minimum term.

Either party may end the Chambers Partnership by giving at least 30 days' written notice. A different notice period expressly stated in the subscription form takes precedence.

C&C does not guarantee any minimum number of enquiries or instructions, any minimum value of work or fee income, any particular marketing, website or search-engine result, or exclusivity in any practice area or geographical area.

The number, type and value of enquiries will vary. Chambers subscribes to an ongoing marketing, business development, platform and enquiry service and is not purchasing a guaranteed quantity of legal work.

C&C may identify one or more participating barristers or chambers that appear potentially suitable for an enquiry, taking into account practice area, expertise, complexity, availability, seniority, location, proposed fees, urgency, Public Access status, client preferences and other reasonably relevant factors.

C&C may provide an enquiry to more than one barrister or chambers. Participation gives no exclusive entitlement to enquiries, and the subscription fee does not determine matching. The prospective client or professional client may choose whom to instruct.

An enquiry does not constitute an instruction and does not oblige Chambers or a barrister to accept work. The barrister decides whether they are able and permitted to accept.

Chambers and the barrister are responsible for conflict checks and compliance with applicable professional and regulatory requirements. C&C does not guarantee the merits, accuracy, completeness or suitability of information supplied by the enquirer.

Only barristers appropriately authorised and registered for Public Access work may accept Direct Access instructions received through C&C. Chambers must keep each barrister's practising status, Public Access status, qualifications and practice areas accurate and current.

The barrister remains responsible for complying with the Public Access Rules and all other applicable Bar Standards Board Handbook requirements. Chambers and the barrister remain responsible for regulatory requirements applying to acceptance of an instruction.

The Chambers Partnership complements rather than replaces existing clerking arrangements. Unless otherwise agreed, after acceptance Chambers is responsible for usual administration and clerking, including diary management, scope, fees, invoices, collection, credit control, papers and ongoing communications.

Existing arrangements between Chambers and its barristers concerning contributions, clerking percentages or internal charges remain between them. C&C is not a party to those arrangements.

Chambers and the barrister determine the barrister's professional fees. C&C may communicate proposed fees but does not determine them. Chambers and the barrister remain responsible for applicable transparency requirements.

C&C does not receive any proportion of the barrister's professional fee under the Chambers Partnership unless separate services are expressly agreed in writing.

C&C provides a platform and enquiry service matching people and organisations with potentially suitable barristers. C&C does not give legal advice or determine whom a person must instruct.

Where an instruction proceeds, the contract for legal services is between the barrister and client or instructing party. C&C is not party to the retainer and is not responsible for the barrister's legal advice, representation or professional services.

Chambers authorises C&C to publish and use supplied information about Chambers and participating barristers to operate and market the service, including names, logos, photographs, biographies, qualifications, practice areas, experience and Public Access status. Chambers confirms it may provide these materials.

C&C may edit information for formatting, consistency, accessibility, SEO or presentation without knowingly materially altering professional credentials. Chambers must promptly notify C&C of material changes.

C&C may promote Chambers and participating barristers through its website, search marketing, content, social media, professional communications and other reasonable activity, and may invite participation in articles, commentary, interviews or guides.

Where professional or legal commentary is attributed to a barrister, Chambers or the barrister will receive a reasonable opportunity to approve it before publication where appropriate. No particular marketing activity is guaranteed to result in an enquiry or instruction.

Each party is responsible for its applicable legal, professional and regulatory obligations. Chambers and barristers remain responsible for the Bar Standards Board Handbook and other professional obligations. Nothing requires a barrister to accept an instruction.

The subscription fee pays for ongoing C&C services and is not calculated by reference to individual instructions. If either party reasonably identifies a regulatory issue, both will cooperate in good faith on reasonably necessary changes.

Complaints about a barrister's legal advice, representation, conduct or professional services are the responsibility of the barrister or Chambers under the applicable complaints procedure and regulatory requirements.

Complaints about C&C's platform, marketing, administration or enquiry service should be made directly to C&C under its complaints procedure. C&C will reasonably cooperate where a complaint involves both services.

Each party will comply with applicable data protection law. Enquiry information may only be used for legitimate purposes connected with considering, accepting or administering an enquiry or instruction. Each party must reasonably safeguard confidential information.

C&C may retain information concerning enquiries, platform use, participating barristers and resulting instructions where reasonably required for administration, compliance, reporting and legitimate business purposes, subject to data protection law.

C&C may immediately suspend or terminate where Chambers materially breaches these Terms, fails to pay after reasonable notice, becomes insolvent or ceases trading, creates a material legal, regulatory or reputational risk, or circumstances make continued participation reasonably inappropriate.

Where remediable, C&C will normally provide a reasonable opportunity to remedy a breach. Chambers may terminate immediately for an irremediable material breach by C&C, or one not remedied within 14 days after written notice.

After termination or expiry, C&C may remove profiles and cease promotion. Outstanding amounts remain payable and accrued rights and liabilities are unaffected. Accepted instructions continue to be handled by Chambers and the barrister under their professional obligations and retainer.

Nothing excludes or limits liability where unlawful. Subject to that, C&C is not responsible for a barrister's professional services, inability or decision not to accept work, a client's decision not to proceed, inaccurate information supplied by others, legal outcomes, loss of anticipated work, fees, profits or business when an enquiry does not proceed, or events outside C&C's reasonable control.

To the extent permitted by law, C&C's total aggregate liability arising from the Chambers Partnership is limited to subscription fees paid during the six months immediately preceding the event giving rise to the claim.

C&C and Chambers are independent contracting parties. Nothing creates a legal partnership, joint venture, employment or general agency relationship. Chambers Partnership is the commercial name of the subscription service and does not create a partnership in law. Neither party may bind the other unless expressly authorised in writing.

C&C may reasonably change the service or these Terms for changes in law, regulation, technology, operations or service development. C&C will give reasonable notice where a change materially affects rights or obligations.

A material subscription fee change during the initial term requires agreement unless caused by a tax imposed by law.

These Terms and the subscription form constitute the agreement concerning the Chambers Partnership. The form specifies the fee, commencement date and package-specific terms. An expressly agreed form provision takes precedence over an inconsistent term for that specific provision.

These Terms and the agreement between C&C and Chambers are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over disputes and claims arising from the Chambers Partnership.