How CD 2 Relates to other Core Duties Flashcards
What is your duty under CD 2 subject to?
Your duty under CD 2 is subject to your duties under CDs 1, 3 and 4.
rC16
Your duty under CD 2 is subject to your duties under CDs 1, 3 and 4.
CD 2
You must act in the BEST INTERESTS of each client
Who is your duty under CD 2 too?
Your duty under CD 2 is to your LAY CLIENT and NOT to your professional client or other intermediary. gC36
gC36
Your duty under CD 2 is to your LAY CLIENT and NOT to your professional client or other intermediary.
What is the extent of the duties under CD 2, 6 and 7?
Promote FEARLESSLY and by all proper and lawful means the client’s BEST INTERESTS;
Do so WITHOUT regard to your OWN INTERESTS or any consequences to you (which may include taking reasonable steps to mitigate the effects of any breach of the Handbook);
Do so WITHOUT regard to the consequences to any other person (including your instructing solicitor or employer).
(1) If you consider that your professional client, or another solicitor or barrister or any other person acting on your client’s behalf has been NEGLIGENT, you should ENSURE that THE CLIENT IS ADVISED OF THIS.
NOT permit ANYONE (including your instructing solicitor or employer) to LIMIT YOUR DISCRETION as to how the interests of your client can best be served;
(v) Protect the CONFIDENTIALITY of each client’s affairs, except for disclosures which are required or permitted by law or to which the client gives INFORMED CONSENT.
(1) There are very limited circumstances in which you would be required to make a disclosure by law without your client’s consent. They generally arise in Proceeds of Crime Act cases or family law proceedings that involve the welfare of children.
(2) This duty extends to pupils of, and those who are devilling for, self-employed barristers as if the client of the self-employed barrister was the pupil’s or devil’s own client rC16 gC36 rC15.1 rC15.2 rC15.3 gC51 rC15.4 rC15.5 rc15.6 gC46
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[a] devilling is the practice of doing work in a case for another (usually more senior) member of chambers. It is usually done by 2nd or 3rd six pupils, or junior tenants. The ‘devil’ is paid by the barrister with conduct of the case for the work they do.
rC15.1
Promote FEARLESSLY and by all proper and lawful means the client’s BEST INTERESTS;
rC15.2
Do so WITHOUT regard to your OWN INTERESTS or any consequences to you (which may include taking reasonable steps to mitigate the effects of any breach of the Handbook);
rC15.3 & gC51
Do so WITHOUT regard to the consequences to any other person (including your instructing solicitor or employer).
(1) If you consider that your professional client, or another solicitor or barrister or any other person acting on your client’s behalf has been NEGLIGENT, you should ENSURE that THE CLIENT IS ADVISED OF THIS.
What is your duty under CD 2 re representation?
Your duty under CD 2 includes a duty to consider whether the client’s best interests are served by different legal representation, and if so, to advise the client accordingly. rC17
(b) This duty may require you to advise the client to be represented by:
(i) A DIFFERENT advocate or legal representative (whether more senior, or junior, or with different experience from you)
(ii) MORE THAN ONE advocate or legal representative (e.g. instructing a Q.C. and a junior)
(iii) FEWER advocates or legal representatives than have been instructed;
(iv) In a case where you have an instructing solicitor, DIFFERENT SOLICITORS.
(c) You may only accept instructions for MORE THAN ONE client if you are able to ACT IN THE BEST INTERESTS OF EACH CLIENT as if that client were your only client. If you are unable to act accordingly, you must ADVISE THE CLIENT TO SEEK DIFFERENT REPRESENTATION.
(i) This rule is especially relevant where you are instructed to represent two or more clients and there is a conflict of interest between two or more of them.
rC17
Your duty under CD 2 includes a duty to consider whether the client’s best interests are served by different legal representation, and if so, to advise the client accordingly.
Can you accept instructions from more than one client?
gC37
(c) You may only accept instructions for MORE THAN ONE client if you are able to ACT IN THE BEST INTERESTS OF EACH CLIENT as if that client were your only client. If you are unable to act accordingly, you must ADVISE THE CLIENT TO SEEK DIFFERENT REPRESENTATION.
(i) This rule is especially relevant where you are instructed to represent two or more clients and there is a conflict of interest between two or more of them.
