Honesty, integrity and independence

Question 1

Must ensure that your ability to act independently is not compromised

Answer 1

rC3.5

Question 2

Outcomes to do with honesty, integrity and independence

Answer 2

oC6, oC9

Question 3

Gifts

Answer 3

gC18, offering, promising or giving a gift (apart from of modest value) to any client or professional client may reasonably be seen as breaching your independence in breach of rC8. gC19 – If offered a gift should consider carefully whether circumstances and size would reasonably lead others to think that your independence has been compromised. If that would be the case, you should refuse to accept it. gC20 – The giving or receiving of entertainment may also give rise to similar issues.

Question 4

When other party legally represented

Answer 4

gC24, must correspond with their legal representative

Question 5

Things likely to breach CD3 and/or 5

Answer 5

gC25, including abuse of your professional position

Question 6

Referring to self as a barrister where irrelevant but may influence others

Answer 6

gC26, may constitute abuse of your professional position, such as using professional notepaper in a private dispute

Question 7

Guidance on regulation of non-professional conduct

Answer 7

o Importance of human rights but also maintaining public trust and confidence in the legal system, therefore held to a higher standard than ordinary members of the public.
o Criminal conduct likely to attract regulatory intervention. BSB likely to reserve until conviction but could take interim action.
o Other conduct will consider the context and whether it’s likely to undermine public trust and confidence in the profession. Example, wouldn’t be interested in someone not paying back a personal loan but would be interested in them not complying with a judgment order.

Question 8

When you have to report yourself to the BSB

Answer 8

rC65
o Charged with indictable offence or equivalent in other jurisdiction
o Convicted of or accept a caution for another offence except a minor offence
 gC94.1 - Do not have to disclose spent convictions
o Serious misconduct
 gC94 – Should take all reasonable steps to mitigate

Question 9

What does serious misconduct include

Answer 9

gC96
o Dishonesty
o Assault or harassment
o Seeking to gain access to confidential instructions
o Being drunk or under the influence in court
o Failure to report
o Etc.