Matters re CD 3 and CD 5

Question 1

What conduct will be in breach of CD 3 and CD5?

Answer 1

Paying or receiving referral fees; (see 8 below for further details)

CRIMINAL CONDUCT, other than minor criminal conduct;

Seriously OFFENSIVE or DISCREDITABLE conduct towards 3rd parties

Dishonesty

Unlawful victimisation or harassment

Abuse of professional position

Question 2

rC10

Answer 2

In addition to these rules, other CONDUCT WHICH IS LIKELY to be treated as a breach of CD 3 and your duty under CD 5 includes (but is not limited to):

Paying or receiving referral fees; (see 8 below for further details)

Question 3

When is referring to yourself a a barrister problematic?

Answer 3

When it constitutes a breach of CD 3 and CD5

ABUSE of your professional position (gC25.7)

gC26:
Abuse of your professional position includes referring to your status as a barrister in a context where it is irrelevant, e.g. in a private dispute.

Question 4

How can you behave to 3rd parties?

Answer 4

gC25.4

Behave well, or risk breach of CD 3 and CD 5 - Seriously OFFENSIVE or DISCREDITABLE conduct towards 3rd parties;

Question 5

What constitutes minor criminal conduct re CD 3 and CD 5?

Answer 5

gC25.3

CRIMINAL CONDUCT, other than minor criminal conduct;

(1) Minor criminal conduct includes:

[a] An offence committed in the UK which is a FIXED PENALTY OFFENCE under RTOA 1988

[b] An offence committed in the UK or abroad which is dealt with by a procedure similar to that for a fixed penalty offence.

[c] An offence whose main ingredient is the unlawful parking of a motor vehicle.

Question 6

What conduct is not likely to be treated as a breach of CD 3 or CD 5?

Answer 6

gC27

CONDUCT WHICH IS NOT LIKELY to be treated as a breach of CDs 3 or 5 includes (but is not limited to):

(i) MINOR criminal offences
(ii) Conduct in your PRIVATE OR PERSONAL LIFE, unless this involves:
(iii) Abuse of your professional position; or
(c) Committing a criminal offence, OTHER than a minor criminal offence.