Discrimination

Question 1

Discrimination

Answer 1

rC12

Question 2

Broader requirement not to discriminate

Answer 2

rC28. You must not withhold your services or permit your services to be withheld:
o on the ground that the nature of the case is objectionable to you or to any section of the public
o on the ground that the conduct, opinions or beliefs of the prospective client are unacceptable to you or to any section of the public
o on any ground relating to the source of any financial support which may properly be given to the prospective client for the proceedings in question (e.g. Legal aid – gC88)

Question 3

Provision of information to BSB

Answer 3

rC64, most promptly provide the BSB with all information it requires and notify of material changes. Includes responding promptly to requests (gC92). This may include client information subject to LPP (gC93). When being required to report serious misconduct by others and LPP applies, this will override the requirement to report serious misconduct. However, the BSB may serve you with a notice for production of documents in which case the same principles as above apply. Can withhold from BSB material subject to your own legal privilege.

Question 4

Reporting misconduct of others

Answer 4

– rC66, subject to your duty to keep the affairs of each client confidential, must report to the BSB if you have reasonable grounds to believe there has been serious misconduct. Must have a genuinely held belief the rule applies (rC67). Must not victimise anyone for making a good faith report (rC69).
o gC98 explains reasonable grounds to believe. You need material before you which established a reasonably credible case.

Question 5

• When are you not under a duty to report

Answer 5

rC68, public domain (gC99), they have already reported it, LPP, bar council advice line (gC100).

Question 6

• What should you do if you suspect someone of serious misconduct

Answer 6

The first step is to carefully consider all the circumstances.
o Whether that person’s instructions or other confidential matters might have a bearing on the assessment of their conduct
o whether that person has been offered an opportunity to explain their conduct, and if not, why not
o any explanation which has been or could be offered for that person’s conduct
o whether the matter has been raised, or will be raised, in the litigation in which it occurred, and if not, why not.

Question 7

• Misconduct falling short of serious misconduct

Answer 7

gC102, report to HOLP

Question 8

• Permitting access

Answer 8

must permit BSB access to premises and documents (rC70), must give legal ombudsman reasonable assistance (rC71)

Question 9

• Who must you inform when you cease to practise

Answer 9

– rC72, BSB, clients with whom you have current matters

Question 10

• BSB guidance on reporting serious misconduct of others

Answer 10

o Pupils may wish to discuss concerns with colleagues, supervisor, head of chambers or legal practice. You may wish to establish whether any other person is aware of the misconduct in question and/or whether that individual is willing to report the misconduct, or has already done so. You do not need to make a report yourself if you reasonably believe that another person has already done so.
o The BSB has a policy of not taking enforcement action for failing to comply with the duty to report if you may have been the subject of these types of misconduct (sexual misconduct, discrimination, harassment)
o Should report using the online form as soon as reasonably practicable