The NSW Bar Association is proposing a scheme to limit barristers’ civil liability through the establishment of a professional standards scheme and has invited barristers’ clients and affected parties to comment.

The Professional Standards Council has called for submissions on the proposed scheme that will limit the occupational liability of some 2000 barristers and cap a barrister’s damages liability at $1 million.

The scheme does not affect damages below $1 million so that claims up to that amount are payable in full. It requires each barrister to hold insurance of at least $1 million and only applies to NSW Bar Association members holding a NSW practising certificate.

NSW barristers will be subject to a complaints and discipline system that meets the requirements of the Legal Profession Act 1987. The association will also have to implement and report on risk management strategies including stringent entry requirements and ongoing professional development in technical and non-technical fields.