Barrister Rules 16-26 Flashcards
What is the cab-rank rule?
A barrister must accept a brief from a soli in a field in which the barrister practices or professes to practice if
(a) the brief is within the barristers capacity/skill experience
(b)the barrister would be able to work when the brief would require, not committed to any personal or professional engagement
(c) the fee offered is acceptable
(d) the B is not obliged or permitted to refuse the brief under rule 101,103,104 or 105
Can a barrister set the level of fee high to deter a client?
No, rule 18 prohibits a barrister from setting the level of acceptable fee, for the purposes of r17(c) higher than a barrister would usually set, with intent of detering the soli from offering the brief.
Can a barrister require that another particular legal prac be instructed?
No, r 19 prohibits that the barrister require that any other particular legal practitioner be instructed as a condition of accepting the brief or instructions.
Can a barrister have an arrangement with any other person in connection with any aspect of the barrister practice?
No r 20 prohibits a barrister from making a arrangement with any other person in connection with any aspect of the barristers practice which imposes an obligation that may prevent a barrister from
(a) accepting any brief to appear, for reasons other than those provided by the exceptions to the cab-rank principle in rule 101, 103,104,105 or
(b) competing with any other legal practitioner for the work offered other than those referred to in r101,103,104 or 105
Is a barrister obliged to accept instructions from someone who is not a solicitor?
No, rule 21 states that a barrister is not obliged to accept instructions directly from a person who is not a solicitor.
Can barristers accept instructions on a direct access basis?
Yes, under s22, they may but they must
(a) inform the prospective client in writing of
(i) the effect of rules 11 and 13
(ii) the fact that circumstances may require the client to retain an instructing solicitor at short notice, and possibly during the performance of their work
(iii) any other disadvantage which the barrister believes on reasonable grounds may, as a real possibility, be suffered by the client if the client does not retain an instructing solicitor.
(iv) the relative capacity of the barrister in performing barristers work to supply the requested facilities or services to the client compared to the capacity of the barrister together with the instructing solicitor to supply them, and
(v) a fair description of the advocacy experience of the barrister, and
(b) obtain a written acknowledgement, signed by the prospective client , that he or she has been informed of the matters in (a) above.
what is a barristers overriding duty?
Yes, r23 states that a barrister has an overriding duty to the court to act with independence in the administration of justice.
r 24 a barrister must not deceive or recklessly mislead the court.
r25 a barrister must take all necessary steps to correct any misleading statement made by a barrister to a court as soon as possible, after the barrister becomes aware that the statement was misleading.
Does a Barrister need to inform an opponent of any express concession made in the course of a civil trial?
Yes r 26, a Barrister must inform the court of any express concession made in the course of a trial in civil proceedings by an opponent about evidence, case-law or legislation, is to the knowledge of the barrister contrary to the true position and is believed by the barrister to have been made by mistake.
