C3 You and Your Client Flashcards
Best interests of each client, provision of a competent standard of work and confidentiality
rC15- Your duty to act in the best interests of each client (CD2), to provide a competent standard of work and service to each client (CD7) and to keep the affairs of each client confidential (CD6) includes the following obligations:
1) you must promote fearlessly and by all proper and lawful means the client’s best interests;
2) you must do so without regard to your own interests or to any consequences to you (which may include, for the avoidance of doubt, you being required to take reasonable steps to mitigate the effects of any breach of this Handbook );
3) you must do so without regard to the consequences to any other person (whether to your professional client , employer or any other person);
4) you must not permit your professional client , employer or any other person to limit your discretion as to how the interests of the client can best be served; and
5) you must protect the confidentiality of each client’s affairs, except for such disclosures as are required or permitted by law or to which your client gives informed consent.
Best interests of each client, provision of a competent standard of work and confidentiality
rC16- Your duty to act in the best interests of each client (CD2) is subject to
your duty to the court (CD1) and to your obligations to act with honesty, and integrity (CD3) and to maintain your independence (CD4).
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC36- Your duty is to your
client , not to your professional client or other intermediary (if any).
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC37- rC15 and rC16 are expressed in terms of the interests of each client . This is because you may
only accept instructions to act for more than one client if you are able to act in the best interests of each client as if that client were your only client , as CD2 requires of you. See, further, Rule C17 on the circumstances when you are obliged to advise your client to seek other legal representation and Rules C21.2 and C21.3 on conflicts of interest and the guidance to those rules at gC69
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC38- CD7 requires not only that you provide a competent standard of work but also a competent standard of service to your client. Rule C15 is not exhaustive of what you must do to ensure your compliance with CD2 and CD7. By way of example, a competent standard of work and of service also includes:
1) treating each client with courtesy and consideration; and
2) seeking to advise your client , in terms they can understand; and
3) taking all reasonable steps to avoid incurring unnecessary expense; and
4) reading your instructions promptly. This may be important if there is a time limit or limitation period. If you fail to read your instructions promptly, it is possible that you will not be aware of the time limit until it is too late.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC39- In order to be able to provide a competent standard of work, you should
- keep your professional knowledge and skills up to date,
- regularly take part in professional development and educational activities that maintain and further develop your competence and performance and
- where you are a BSB entity or a manager of such body, you should take reasonable steps to ensure that managers and employees within your organisation undertake such training.
Merely complying with the minimum Continuing Professional Development requirements may not be sufficient to comply with Rule rC15.
- You should also ensure that you comply with any specific training requirements of the Bar Standards Board before undertaking certain activities – for example, you should not attend a police station to advise a suspect or interviewee as to the handling and conduct of police interviews unless you have complied with such training requirements as may be imposed by the Bar Standards Board in respect of such work.
- Similarly, you should not undertake public access work without successfully completing the required training specified by the Bar Standards Board.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC40- In addition to Guidance gC38 above, a BSB entity or a manager of such body should ensure that work is allocated
appropriately, to managers and/or employees with the appropriate knowledge and expertise to undertake such work.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC41- You should remember that your client may not be familiar with legal proceedings and may find them difficult and stressful. You should
- do what you reasonably can to ensure that the client understands the process and what to expect from it and from you.
- You should also try to avoid any unnecessary distress for your client . This is particularly important where you are dealing with a vulnerable client .
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC42- The duty of confidentiality (CD6) is central to the administration of justice. Clients who put their confidence in their legal advisers must be able to do so in the knowledge that the
information they give, or which is given on their behalf, will stay confidential. In normal circumstances, this information will be privileged and not disclosed to a court . CD6, rC4 and Guidance C8 and C11 to C13 provide further information.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC43- Rule C15.5 acknowledges that your duty of confidentiality is subject to an exception if disclosure is required or permitted by law. For example, you may be obliged to disclose certain matters by
the Proceeds of Crime Act 2002. Disclosure in those circumstances would not amount to a breach of CD6 or Rule C15.5 In other circumstances, you may only make disclosure of confidential information where your client gives informed consent to the disclosure. See the Guidance to Rule C21 at gC68 for an example of circumstances where it may be appropriate for you to seek such consent.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC44- There may be circumstances when your duty of confidentiality to your client conflicts
with your duty to the court . Rule C4 and Guidance C8 and C11 to C13 provide further information.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC45- Similarly, there may be circumstances when your duty of confidentiality to your client conflicts with your duty to
your regulator. Rule C64 and Guidance C92 to C93 in respect of that rule provide further information. In addition, Rule C66 may also apply.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC46- If you are a pupil of, or are devilling work for, a self-employed barrister , Rule C15 applies to
you as if the client of the self-employed barrister was your own client.
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC47- The section You and Your Practice, at 2.C5, provides for duties regarding the systems and procedures you must put in place and enforce
in order to ensure compliance with Rule C15.5
Guidance on Rules C15 and C16 and their relationship to CD2, CD6 and CD7
gC48- If you are an authorised individual or a manager working in a BSB entity your personal duty to act in the best interests of your client requires you to assist in the redistribution of client files and otherwise
assisting to ensure each client’s interests are protected in the event that the BSB entity itself is unable to do so for whatever reason (for example, insolvency).
