Code of Conduct

Question 1

When can a Barrister supply legal services to the public? (3 Points)

Answer 1

• he is practising in a way permitted by Rule 205(self-employed, employed, manager/employee of an Authorised Body)
• he has right of audience
• he is covered by insurance against claims for professional negligence arising out of the supply of his services/his employer or the Authorised Body is covered by such insurance

Question 2

When is Barrister said to have “right of audience”” ? (2 points)

Answer 2

A Barrister may exercise any right of audience he has by reason of being a barrister if:
- he is entitled to practise as a barrister in accordance with p.202
- if he is of less than 3 years’ standing, then his principle place of practice is:
either
a chamber/annexe of chambers….. of a qualified person readily available to provide guidance,
or
an office where an employee/parnter etc is readily available to provide guidance….

p. 202
- has complied with applicable training requirements by the Bar Training Regulations
- has complied with any applicable requirements of Continuing Professional Development Regulations(CPD),
- has a practising certificate issued by the Bar Council
- provided address, phone number of current chambers/office (from which he supplies legal service) to the Bar Council in writing

Question 3

Who is authorised to provide immigration advice and services?
(1 Point)

Answer 3

A barrister who holds a practising certificate in force on 1 April 2011, or issued after that date, is authorised to provide immigration advice and services.

Question 4

What procedure must a barrister follow to act in Dual Capacity?
(3 Points)

Answer 4

• having notified BSB in writing of an intention to do so
• supplying BSB with such information as BSB requires
• having agreed a Protocol with each employer/Authorised Body which enables the barrister to avoid/resolve any conflict of interests or duties arising from such practise.

Question 5

What are the duties of a barrister acting in Dual Capacity?

4 Points

Answer 5

• provide copy of each ‘protocol’ to BSB on request
• refuse to accept instructions where doing so will give rise to a potential conflict of interest
• disclose the interest to the client in writing before REFERRING the client to the employer/Authorised Body or before ACCEPTING instructions from the employer/Authorised Body
• must not work in more than one capacity in relation to SAME CASE or ISSUE for the SAME CLIENT at the SAME TIME.

Question 6

What should a barrister do if he has ‘ownership interest’ in a Recognised Body? (and he is in practice other than as a manager/employee of the Recognised Body)
-(3 Points)

Answer 6

• he must NOTIFY BSB in writing of the ownership interest
  at or asarp the ownership interest is acquired
  OR
  at or asarp he starts practising other than as a manager/employee of the Recognised Body
  Whichever is later.
• must DISCLOSE the interest to any client of the RB who instructs the barrister.
  if B has ownership interest AT THE TIME instructions are received then disclosure to the client must be made prior to accepting instructions

if ownership interest was acquired afterwards, then must disclose to client at or ASARP after acquiring such interest.

client must be advised of his right to instruct another barrister.

same applies for people who the barrister refers to the RB

• MAINTAIN (and provide to BSB on request) a record of referrals by the barrister TO the RB and of instructions RECEIVED by the barrister FROM the RB.

Question 7

A barrister must not engage in what kind of CONDUCT?
(Hint: D,D,P,D,D)
-(5 Points)

Answer 7

must not engage in conduct whether in pursuit of his profession or otherwise which is:

• DISHONEST or otherwise DISCREDITABLE to a barrister
• PREJUDICIAL to the administration of justice
• likely to DIMINISH public confidence in the legal profession or administration of justice or otherwise bring the legal profession into DISREPUTE

Question 8

A barrister must not engage in what kind of OCCUPATION?
(Hint: A,R,P,A)
-(2 Points)

Answer 8

must not DIRECTLY/INDIRECTLY engage in any occupation
- if his association with the occupation may ADVERSELY AFFECT the REPUTATION of the BAR
or
- PREJUDICE his ability to attend properly to his practice.

Question 9

What kind of duty does a barrister owe to the Court?

-(4 Points)

Answer 9

• an OVERRIDING duty to the court
• to act with INDEPENDENCE in the INTEREST of justice
• must assist the court in the ADMINISTRATION of justice and must not DECEIVE or KNOWINGLY or RECKLESSLY MISLEAD the Court