1.1 Introduction to the BSB Handbook

Question 1

What is the BSB Handbook for?

Answer 1

It sets out the standards of professional and personal conduct that barristers must comply with to meet the BSB’s regulatory objectives.

Question 2

Which Part of the BSB Handbook contains the Core Duties, Outcomes, Rules and Guidance?

Answer 2

Part 2

Question 3

What are the five professional principles?

Answer 3

Section 1(3) Legal Services Act 2007
1.
Act with independence and integrity;
2.
Maintain proper standards of work;
3.
Act in the best interests of clients;
4.
Comply with their duty to the court to act with independence in the interests of justice;
5.
Keep the affairs of clients confidential.

Question 4

What is a ‘BSB regulated person’?

Answer 4

Page 148 BSB Handbook
Includes:
(a)
practising barristers;
(b)
registered European lawyers;
(c)
BSB entities;
(d)
any employees or managers of the above.

Question 5

Core duties 1 - 5

Answer 5

1.
Your duty to the court in the administration of justice
2.
The best interests of each client
3.
Act with honesty and with integrity
4.
Maintain your independence
5.
Do not behave in a way which is likely to diminish the trust and confidence which the public places in you or the profession.

Question 6

Core duties 6 - 10

Answer 6

6.
Keep the affairs of each client confidential
7.
Provide a competent standard of work and service to each client
8.
Do not discriminate unlawfully against any person
9.
Be open and co-operative with your regulators
10.
Take reasonable steps to manage your practice, or carry out your role within your practice, competently and in such a way as to achieve compliance with your legal and regulatory obligations.

Question 7

Most Core Duties only apply where a barrister is giving legal services. Which Core Duties apply at all times?

Answer 7

CD 5 - you must not behave … diminish trust and confidence …

CD 9 - be open and co-operative with your regulators.

Question 8

What is the BSB Handbook definition of ‘legal services’?

Answer 8

1.
Providing legal advice
2.
Providing legal representation
3.
Drafting or settling any statement of case, witness statement, affidavit or other legal document.

Question 9

What five areas are covered by the Conduct Rules in the BSB Handbook?

Answer 9

1.
You and the court
2.
Behaving ethically
3.
You and your client
4.
You and your regulator
5.
You and your practice.

Question 10

What are the two main purposes of the Guidance in the BSB Handbook?

Answer 10

1.
To assist in interpretation and application of the Core Duties.
2.
To provide examples of the types of conduct or behaviour that the rules are intended to encourage, or indicate compliance or non-compliance with Rules of Conduct.