Code of Conduct Practicing Barristers Flashcards
701(a): How must a barrister act in all his professional activities?
A barrister:
(a) must in all his professional activities be courteous and act promptly conscientiously diligently and with reasonable competence and take all reasonable and practicable steps to avoid unnecessary expense or waste of the Court’s time and to ensure that professional engagements are fulfilled;
701(b): What tasks should a barrister not undertake?
A barrister:
(b) must not undertake any task which:
(i) he knows or ought to know he is not competent to handle;
(ii) he does not have adequate time and opportunity to prepare for or perform; or
(iii) he cannot discharge within the time requested or otherwise within a reasonable time having regard to the pressure of other work;
701(c): How should barristers read instructions?
A barrister:
(c) must read all instructions delivered to him expeditiously;
701(d): What must a barrister have regard to regarding the conduct of his work?
A barrister:
(d) must have regard to any relevant Written Standards for the conduct of Professional Work issued by the Bar Council;
701(e): When must a barrister inform his client and return or pass on instructions?
A barrister:
(e) must inform his client forthwith and subject to paragraph 610 return the instructions to the client or to another barrister acceptable to the client:
(i) if it becomes apparent to him that he will not be able to do the work within the time requested or within a reasonable time after receipt
of instructions;
(ii) if there is an appreciable risk that he may not be able to undertake a brief or fulfil any other professional engagement which he has accepted.
701(f): What must a barrister ensure requiring records?
A barrister:
(f) must ensure that adequate records supporting the fees charged or claimed in a case are kept at least until the last of the following: his fees have been paid, any taxation or determination or assessment of costs in the case has been completed, or the time for lodging an appeal against assessment or the determination of that appeal, has expired, and must provide his professional or licensed access client or other intermediary or lay client with such records or details of the work done as may reasonably be required.
702: What is a barrister’s duty regarding confidentiality?
Whether or not the relation of counsel and client continues a barrister must preserve the confidentiality of the lay client’s affairs and must not without the prior consent of the lay client or as permitted by law lend or reveal the contents of the papers in any instructions to or communicate to any third person (other than another barrister, a pupil, in the case of a Registered European Lawyer, the person with whom he is acting in conjunction or any other person who needs to know it for the performance of their duties) information which has been entrusted to him in confidence or use such information to the lay client’s detriment or to his own or another client’s advantage.
703: What is a barrister’s duty if they form the view there is a conflict of interest between his lay client and professional client?
If a self-employed barrister forms the view that there is a conflict of interest between his lay client and a professional client or other intermediary he must consider whether it would be in the lay client’s interest to instruct another professional adviser or representative and, if he considers that it would be, the barrister must so advise and take such steps as he considers necessary to ensure that his advice is communicated to the lay client (if necessary by sending a copy of his advice in writing directly to the lay client as well as to the intermediary).
704(a) and (b): What is a barrister’s duty regarding drafting documents, in relation to statements of fact or contention?
A barrister must not devise facts which will assist in advancing the lay client’s case and must not draft any statement of case, witness statement, affidavit, notice of appeal or other document containing:
(a) any statement of fact or contention which is not supported by the lay client or by his instructions;
(b) any contention which he does not consider to be properly arguable;
provided that nothing in this paragraph shall prevent a barrister drafting a document containing specific factual statements or contentions included by the barrister subject to confirmation of their accuracy by the lay client or witness.
704(c): What is a barrister’s duty regarding drafting documents, in relation to allegations of fraud?
A barrister must not devise facts which will assist in advancing the lay client’s case and must not draft any statement of case, witness statement, affidavit, notice of appeal or other document containing:
(c) any allegation of fraud unless he has clear instructions to make such allegation and has before him reasonably credible material which as it
stands establishes a prima facie case of fraud;
provided that nothing in this paragraph shall prevent a barrister drafting a document containing specific factual statements or contentions included by the barrister subject to confirmation of their accuracy by the lay client or witness.
704(d): What is a barrister’s duty regarding drafting witness statements/affidavits?
A barrister must not devise facts which will assist in advancing the lay client’s case and must not draft any statement of case, witness statement, affidavit, notice of appeal or other document containing:
(d) in the case of a witness statement or affidavit any statement of fact other than the evidence which in substance according to his instructions the barrister reasonably believes the witness would give if the evidence contained in the witness statement or affidavit were being given in oral examination;
provided that nothing in this paragraph shall prevent a barrister drafting a document containing specific factual statements or contentions included by the barrister subject to confirmation of their accuracy by the lay client or witness.
705: What must a barrister not do in relation to witnesses?
A barrister must not:
(a) rehearse practise or coach a witness in relation to his evidence;
(b) encourage a witness to give evidence which is untruthful or which is not the whole truth;
(c) except with the consent of the representative for the opposing side or of the Court, communicate directly or indirectly about a case with any witness, whether or not the witness is his lay client, once that witness has begun to give evidence until the evidence of that witness has been concluded.
706: When could a self-employed barrister conduct a case without his professional client?
A self-employed barrister who is instructed by a professional client should not conduct a case in Court in the absence of his professional client or a representative of his professional client unless the Court rules that it is appropriate or he is satisfied that the interests of the lay client and the interests of justice will not be prejudiced.
707: When can a self-employed barrister interview witnesses/take proofs of evidence?
A self-employed barrister who attends Court in order to conduct a case in circumstances where no professional client or representative of a professional client is present may if necessary interview witnesses and take proofs of evidence.
708(a): When a barrister conducts proceedings in Court, what is he personally responsible for?
A barrister when conducting proceedings in Court:
(a) is personally responsible for the conduct and presentation of his case and must exercise personal judgement upon the substance and purpose of statements made and questions asked;
