Corrections Flashcards
Cannot conduct litigation without a practising cert extension
rS24.3.b.i
What is conducting litigation
- issuing proceedings or applications (beginning court proceedings by filing details
of the claim, such as the Claim Form and Particulars of Claim, at court, or
making an application for a court order); - filing an acknowledgement of proceedings;
- giving their address as the address for service of documents;
- filing documents at court or serving documents on another party;
- issuing notices of appeal (informing the court and the other side that the
unsuccessful party seeks a review of the case); - signing off on a list of disclosure (so that all parties know of all documents which
have a bearing on the case); and - laying of an information in a Magistrates’ court.
[Non-exhaustive] Conducting Litigation guidance
What is not conducting litigation
- conducting correspondence on behalf of clients.
- lodging documents for hearings
- skeleton arguments [including defence case statement].
- covering applications to fix trial dates.
- court orders.
- discharging a duty or a courtesy to the court.
- signing a statement of truth.
instructing expert witnesses on behalf of a lay client
[Non-exhaustive] Conducting Litigation guidance
Cannot accept public access work until completed training and registered with BSB
rC120.1
Core duty that applies when client does not want you to disclose something in mitigation that it would be in their interests to disclose (sexual abuse)
CD6
If you find out client has wrongly obtained legal aid must take all reasonable steps to remedy
CD3, 5
28 day timescale to notify BSB of change in website address
rC162
Price transparency rules for self-employed barristers
rC163, Rules on price, service and redress transparency
Must review website content annually
rC160
Core duty that applies to website content
CD10
Problematic social media posts
Remedial action - removing, apologising, reporting self to ICO
Equality and diversity officer
Under positive duty to investigate
Not drafting allegations of fraud without reasonable grounds engages core duties
CD3 and CD1
Should take a witness statement if
It would be in the client’s best interests (and unlikely to be called as a witness)
Lying to client
Is serious misconduct and breaches CD3
Comments on social media that could lead to complainant being identified
Breach of CD3/5
Before reporting
Need to consider whether something amounts to serious misconduct
Putting client’s case unless there is a rule prohibiting it
Must do so
Judge telling you to ask your client to plead and you don’t believe client, client wants to continue
Should not allow your conduct of the case to be influenced by your own opinions or the opinion of the judge - CD3, 4
If they tell you they’re guilty but don’t insist you tell the court they are not
Continued duty (rather than may) to represent them and put the prosecution to proof
Guessing the answer to a question from the court
Is recklessly misleading
rC20
You are personally responsible for your own conduct and for your professional work. You must use your own professional judgment in relation to those matters on which you are instructed and be able to justify your decisions and actions. You must do this notwithstanding the views of your client, professional client, employer or any other person.
Case which says that the court can be asked for an injunction
English and American Insurance
Clashing interests between former and prospective/current client
gC69 - need informed consent from both sides, CD4
