Core Duties

Question 1

CD1

Answer 1

Observe your duty to the court in the administration of justice

Question 2

CD2

Answer 2

Act in the best interests of each client

Question 3

CD3

Answer 3

Act with honesty and integrity

Question 4

CD4

Answer 4

Maintain your independence

Question 5

CD5

Answer 5

You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession.

Question 6

CD6

Answer 6

Keep the affairs of each client confidential

Question 7

CD7

Answer 7

Provide a competent standard of work and service to each client

Question 8

CD8

Answer 8

You must not discriminate unlawfully against any person

Question 9

CD9

Answer 9

Be open and co-operative with your regulators

Question 10

CD10

Answer 10

Take reasonable steps to manage your practice, or carry out your role within your practice, competently and in such a way as to achieve compliance with your legal and regulatory obligations.

Question 11

Further details for CD1

Answer 11

• The most important and overrides the other duties if there is conflict between them.
• Above all: duty not to mislead the court

Question 12

Further details for CD2

Answer 12

• Promoting fearlessly and by all proper and lawful means your client’s best interests
• Providing a competent standard of work and service
• Maintaining client confidentiality
• Maintaining independence from external pressure e.g. your instructing solicitor or judge
• Avoiding conflicts of interest or situations in which you may be professionally embarrassed
• Treating clients with consideration and respect

Question 13

Further details for CD3

Answer 13

• Not misleading the court or anyone else
• Not making an allegation of fraud without reasonably credible material establishing an arguable case
• Not encouraging a witness to give evidence that is misleading or untruthful
• Not rehearsing with, practicing with or coaching a witness in respect of their evidence

Question 14

Further details for CD4

Answer 14

Compromising independence:

• Offering, promising or giving referral fees
• Offering, promising or giving gifts
• Lending money to any client, solicitor or anyone instructing you
• Accepting money from any client, solicitor or anyone instructing you unless it is a payment for your professional services or reimbursement of professional expenses

Question 15

Further details for CD5

Answer 15

• Applies at all times to practicing and non-practicing barristers
• Conduct that would breach: Criminal conduct other than minor criminal offences, seriously offensive or discreditable conduct towards third parties, dishonesty, unlawful victimisation or harassment, abuse of your professional position

Question 16

Further details for CD6

Answer 16

• Subject to the overriding duty to the court
• Covers any information, material or instructions obtained from the client in the course of representing them; you cannot disclose information that is confidential without your client’s consent, unless required or permitted by law to do so

Question 17

Further details for CD7

Answer 17

• Your duty is to your client, not your professional client or other intermediary
• Keeping professional knowledge and skills up to date
• Not permitting anyone to limit your discretion
• Not accepting instructions from a client if there is a conflict of interest with an existing client
• Treating every client with courtesy, respect and consideration
• Reading instructions promptly

Question 18

Further details for CD9

Answer 18

• Applies at all times
• Obligation to report to the BSB if: you are charged with an indictable offence, you are convicted of any criminal offence except a minor criminal offence, you have committed serious misconduct, you have reasonable grounds for believing there has been serious misconduct by a barrister or other regulated person

Question 19

Further details for CD10

Answer 19

• Not receiving, controlling or handling client money
• Making sure you have adequate insurance
• If you are self employed, making sure you are properly insured under the Bar Mutual Indemnity Fund (BMIF)
• Keeping proper records of your practice