Conflict of interest guidelines for lawyers have been eased under changes to the Bermuda Bar Council's rules announced on Friday.

And barristers and attorneys have also been given more freedom to advertise their services under the changes.

The code of conduct changes are the first major overhaul since the code and its rules were developed in 1981.

Under the changes, lawyers may now continue to represent a client when someone affilated with their firm is called as a witness in a case. Until now they have had to either pass the case on to another firm or receive special permission to continue to represent their client.

The new rule reads: "A barrister may properly appear as counsel in a matter in which a partner or employer or employee of his, or a registered associate employed in a practice to which they both belong, is likely to be called as a witness, unless him so appearing would involve a breach of some other provision of the Code.'' The change retains the expectation that a lawyer should not be counsel and witness, though there might be non-contentious exceptions.

Mr. Alan Dunch, a partner with Appleby Spurling & Kempe, said the change "recognises the realities of modern-day life in a small jurisdiction such as Bermuda. Under the old rule you could apply to the Bar Council for dispensation and normally you would receive it, the change is a reflection of that fact.

"The decision of whether a lawyer should or should not be (involved in a potential conflict of interest) should be at the discretion of the attorney.

The attorney recognises his or her obligation to the court and the client.

There are going to be situations where it could be detrimental to the client if a lawyer, because a conflict of interest arises, has to withdraw half-way through the proceedings.'' Bar Council president Mr. John Cooper said he would not comment in depth on one specific change or addition to the code of conduct but did note the new rule on conflict of interest falls in line with professional rules of conduct determined by the American Bar Association.

"One of the major changes surrounds the rule that deals with touting or advertising,'' Mr. Cooper added.

It was updated to allow lawyers and/or law firms to participate more in the global marketplace although "advertisements like ones on television are still out,'' he commented.

The Bar Council has developed ten pages of guidelines associated with rules 85-89, which have been distributed to Bermuda's legal community.

The Rules are called the Barristers Code of Professional Conduct Amendment Rules 1994. The amendment focuses on; the Barristers Code of Professional Conduct, the Bermuda Bar Association (Organisation) Rules and the Bar Disciplinary Committee proceedings.

The changes realised on Friday, began in earnest about four years ago.

The Bar Council is now endeavouring to resolve some issues related to Section 5 of the Bermuda Bar Act.

Section 5 deals with complaints against lawyers and with discipline actions.