8.4 What constitutes instructions and acceptance of instructions?

8.4.1 “Instructions” would normally be constituted by a letter of instruction instructing Counsel to undertake a piece of advising or drafting work or in the case of a Court or tribunal appearance instructing Counsel to appear at a set diet.In the event that Counsel does not have sufficient information properly to decide whether he should accept these instructions, he should ask for that information before accepting the instructions.

8.4.2 An Advocate does not accept instructions merely because they have been delivered to him with or without a fee.He is entitled to a reasonable time within which to consider whether it is proper for him to accept the instructions or whether he is bound to do so.What is a reasonable time will depend on the circumstances; but Counsel will be deemed to have accepted instructions if he has failed to take any action within a reasonable time.

8.4.3 The making of entries in the diaries kept by the Advocates’clerk does not constitute the giving or acceptance of instructions.

8.4.4 An Advocate is not bound to accept instructions unless they have been delivered to him in writing.But he is entitled to accept instructions which are given to him orally by a person entitled to instruct him or which are the subject of oral arrangements between such a person and his clerk.