Behaving Ethically

Question 1

What does oC6 state?

Answer 1

Those regulated by the BSB maintain standards of honesty, integrity and independence

Question 2

Fill the gaps

The proper administration of justice, _____________ and the best of interests of clients are _____

Answer 2

1. access to justice

2. served

Question 3

what does oC8 tell us it doesnt do

Answer 3

It does not discriminate unlawfully and take appropriate steps to prevent discrimination occurring in their practices

Question 4

rC8
Fill in the gaps

You must not do anything which could reasonably be seen by the public _________ your honesty, ________ and _________.

Answer 4

1. undermine
2. integrity
3. Independence

Question 5

True or false

Your honesty, integrity and independence is not fundamental

Answer 5

gC14

False
It is fundamental

Question 6

subject to gC14 what factors can only be served?

Answer 6

Interest of justice and clients best interest and any conflicts between the two properly resolved

Question 7

As an extension of your obligation to act in your clients best interest whilst maintaining honesty, integrity and independence, what does rule rC21.10 state?

Answer 7

not acting in your independence is compromised

Question 8

As an extension of your obligation to act in your clients best interest whilst maintaining honesty, integrity and independence, what does rule rC10 state?

Answer 8

Not paying or accepting referral fees

Question 9

As an extension of your obligation to act in your clients best interest whilst maintaining honesty, integrity and independence, what does rule rC21 state?

Answer 9

Not acting in circumstances of a conflict of interest or where you risk breaching one client’s confidentiality in favour of another’s

Question 10

Is there a direct link between the public perception and your honesty, integrity and interdependence?

Answer 10

Yes, Rule C8 address the link

If the public view you to lack honesty, integrity and independence then it can diminish the trsut and confidence the public has in you or the profession

Question 11

List 4 examples of compromising your independence

Answer 11

Breach of Rule 8:

1. Offering, promising or giving
   a. Commission or referral fee (of whatever size)
   b. A gift (apart from items of modest value) - client, professional client or other intermediary
2. lending money to any client, professional client or intermediary
3. Accepting money (whether loan or not) from any client, professional client or other intermediary UNLESS it is for professional services or reimbursement of expense or of disbursements made on behalf of client

Question 12

What should you consider if you are offered a gift by a current, prospective or former client, professional client or other intermediary?

Answer 12

gC19

Consider whether the circumstances and size of gift would reasonably lead others to think your independence was compromised. Do not let it affect the case.

Question 13

should giving and receiving of entertainment when disproportionate be accepted and why?

Answer 13

gC20

Not when it is at a disproportionate level. As it may lead others to think that independence has been compromised

Question 14

Does giving and receiving entertainment differ between an employed barrister/manager of non bsb and bsb entity?

Answer 14

gC21

If you are a non bsb but have been authorised or a barrister who has been granted permission by regulator, then you may make or receive such payment ONLY from what is permitted in rC10

Question 15

Is it possible to receive payments in order to procure or reward the referral to you by an intermediary of professionals?

Answer 15

gC29

Whilst it is possible, it is not allowed as it will be in breach of CD5

Question 16

When are referral fees and inducements prohibited?

Answer 16

gC31

When related to claim/potential claim for damages for PI or death/ unforeseen circumstances around PI or death personal injury claim

Question 17

How should foreign work be conducted?

Answer 17

rC13

Must comply with any applicable rule of conduct of the place where the work happens and the place where any proceedings/maters take place