What must a barrister refrain from doing when dealing with unrepresented parties?

• A. Confer or deal directly with any unrepresented party unless they have signified willingness to engage.
• B. Communicate by written letter only.
• C. Always confer with unrepresented parties regardless of representation.
• D. Refer them to the court for mediation.

Answer: (A)

The key idea is to protect an unrepresented party from the impression that a barrister represents or speaks for them. A barrister should refrain from confering or dealing directly with an unrepresented party when they are acting for another client, unless the unrepresented party has signified willingness to engage in direct communications. This rule helps prevent confusion about who is providing legal advice and avoids any sense of pressure or advocacy on behalf of the unrepresented person. If the unrepresented party does signal willingness to engage directly, direct communication is permissible, but it should be careful, limited to procedural matters and information about the case, and not framed as the unrepresented party receiving legal representation from the barrister. The other approaches—mandating direct contact in all cases, restricting to written form only, or sending everyone to mediation—do not align with this safeguard, which centers on the unrepresented party’s expressed willingness to engage.