1.1 The professional statement for barristers

Question 1

What is the Professional Statement?

Answer 1

A document produced by the BSB which describes the knowledge, skills and attributes that all barristers must have on ‘day one’ of practice in order to meet the ‘Threshold Standard’.

Question 2

What are the five goals of the Threshold Standard?

Answer 2

1.
Always perform at an acceptable / satisfactory standard;
2.
Always achieve a standard of service to the client that is appropriate to the purpose for which you are instructed;
3.
Perform within a reasonable timeframe;
4.
Be able to deal with straightforward, uncomplicated or familiar work unaided;
5.
Ask for support when needed to complete complex or unfamiliar work.

Question 3

What are the four sections into which the Professional Statement is divided?

Answer 3

1.
Barristers' distinctive characteristics;
2.
Personal values and standards;
3.
Working with others;
4.
Management of practice.

Question 4

What are the four Barristers’ Distinctive Characteristics?

Answer 4

Barristers' distinctive characteristics
1.
Legal knowledge, skills and attributes;
2.
Practical knowledge, skills and attributes;
3.
Advocacy;
4.
Professional standards.

Question 5

What does the first competence - “Uphold the reputation of the Bar and observe their duty to the court
in the administration of justice” - require?

Answer 5

They will recognise and abide by their paramount duty in this regard including where this may require them to act against their own or their client’s best interests.
Barristers should:
a)
Thoroughly recall and comprehend the Core Duties and their interrelationship.
b)
Ensure that their conduct consistently justifies their clients’ and colleagues’ trust in them and the public’s trust in the profession by:
i
applying the Core Duties and in particular the paramount duty to the court in the administration of justice;
ii
complying with regulatory requirements set down by the Bar Standards Board, including the Code of Conduct [1.16]; and
iii
demonstrating a thorough comprehension of the Professional Statement for Barristers.

Question 6

What are the five competences under Practical Knowledge, Skills and Attributes?

Answer 6

Practical knowledge, skills and attributes
1.8
Exercise good English language skills;
1.9
Exercise good communication skills, through an appropriate medium and with any audience as required in their work;
1.10
Make sound judgements in their work;
1.11
Ensure that they are fully prepared;
1.12
Employ effective research skills.

Question 7

What are the three Advocacy competences?

Answer 7

Advocacy
1.13
Draft court and other legal documents which are clear, concise, accurate and written so as to reflect fairly the arguments advanced by both sides;
1.14
Draft skeleton arguments which present the relevant facts, law and arguments in a clear, concise and well-structured manner.
1.15
Have persuasive oral advocacy skills.

Question 8

What are the three Professional Standards to which barristers must conform?

Answer 8

1.16
Comply with regulatory requirements set down by the Bar Standards Board, including the Code of Conduct.
1.17
Know how to conduct themselves appropriately in court.
1.18
Only accept work which they believe they are competent to undertake.

Question 9

What are the Values, Characteristics and Behaviours expected in Part 2: Personal Values and Standards?

Answer 9

Values, characteristics and behaviours
2.1
Act with the utmost integrity and independence at all times, in the interests of justice, representing clients with courage, perserverance and fearlessness.
2.2
Be honest in their dealings with others.
2.3
Be aware and active in the pursuit of equality and respect for diversity, not tolerating unlawful discrimination, in themselves or others.
2.4
Ensure their work does not incur unnecessary fees.
2.5
Adopt a reflective approach to their work, enabling them to correct errors and admit if they have made mistakes.
2.6
Ensure they practise with adaptability and flexibility by being self-aware and self-directed, recognising and acting upon the continual need to maintain and develop their knowledge and skills.

Question 10

What six things is a barrister required to do under Working with Others?

Answer 10

3.1
Understand and exercise their duty to act in the best interests of their client. [except where it conflicts with their duty to the court.]
3.2
Understand and apply principles of team working where appropriate.
3.3
Respond appropriately to those from diverse backgrounds and to the needs and sensitivities created by individual circumstances.
3.4
Treat all people with respect and courtesy, regardless of their background or circumstances.
3.5
Where appropriate, keep clients, whether lay or professional, informed of case progress in a clear and timely manner and manage their expectations.