Behaving ethically

Question 1

What is C2?

Answer 1

Behaving ethically - barristers maintaining their independence.

Question 2

Who does C2 apply to?

Answer 2

Practising barristers

Question 3

When does it apply?

Answer 3

When practising or providing legal services

Question 4

What is rC8

Who does it apply to and when?

Answer 4

Practicing barristers and unregistered barristers

AT ALL TIMES.

Question 5

Can you encourage a witness to give misleading/untruthful evidence?

Answer 5

no.

Question 6

Can you communicate with a witness/your client while they are giving evidence? (Even during adjournment)

Answer 6

No.

Question 7

Can you make a payment to a witness?

Answer 7

No - rC9.6

Question 8

What are examples of misconduct (re: money and gifts)?

Answer 8

Offering/promising/giving to any client or intermediary any commission or referral fee.

Offering/promising/giving gifts (except those of modest value)

Lending money to client

Accepting money except payment for services or expenses.

Question 9

What type of LEGAL fee arrangements are there?

Answer 9

Fixed fee - Fixed amount for specific work
Hourly rate - fee per hour
Conditional fee arrangement - Barrister not paid if clients case doesn’t succeed (no win, no fee).

Question 10

What is Client money?

Answer 10

Client money is money that may need to be paid back to the client.

Question 11

Are barristers allowed to hold client money?

Answer 11

No, barristers cannot hold client money on account in any circumstances.

This is because barristers usually don’t have a client bank account with the sufficient legal protection.

Question 12

Whats the rule on “entertainment”?

Answer 12

Giving or receiving entertainment at a disproportionate level may lead others to think your independence has been compromised.

Question 13

Whats the rule on “gifts”?

Answer 13

You should consider carefully the circumstances and size of the gift. Would this lead others to think your independence has been compromised?

Question 14

Who can a barrister communicate with?

Answer 14

Legally represented opponent: Only correspond with their legal rep.
Unrepresented: Communicate with lay opponent.

Question 15

Can you refer to yourself as a barrister at all times?

Answer 15

No, only when it is relevant (in the course of your work).

Using headed paper, or having barrister in your email signature for private disputes is unethical.

Question 16

What is harassment?

Answer 16

Unwanted conduct which has the purpose or effect of violating the victims dignity or which creates an intimidating, hostile, degrading, humiliating or offensive environment for the victim.

A single incident can be harassment.

Question 17

What is conduct that qualifies for sanctions from TBAS?

Answer 17

Making a false declaration of your call to the bar
Inflating experience on your cv
Falsification of documents
Theft, perjury or fraud
misuse of client money
Dishonesty in connection with disciplinary
False or misleading statements on websites