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Pupillage Ethics > Reporting Serious Misconduct of Others > Flashcards

Reporting Serious Misconduct of Others Flashcards

1
Q

What is rule C66

A

you must keep the affairs of each client confidential

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2
Q

what are rules C67 and C68

A

You must report to the BSB if you have reasonable grounds to believe that there has been serious misconduct by a barrister or a registered European lawyer

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3
Q

What is the intention of rule C67

A
  1. that BSB regulated persons are effectively regulated
  2. that the public have confidence in the proper regulation of persons regulated by the BSB
  3. the BSB has the information that it needs in order to be able to assess risks and regulate effectively and in accordance with the regulatory objectives.
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4
Q

What should you do if you are unsure about your ethical duties?

A

contact the Bar Council’s Ethical Queries Helpline

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5
Q

How does the Ethical Queries Helpline work?

A

it is a confidential service provided by individuals on an approved list who are not subject to the duty to report serious misconduct which they become aware of as a result of dealing with enquiries on the helpline.

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6
Q

What should you report?

A

you are obliged to report to the BSB instances of serious misconduct by other barristers or registered European lawyers

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7
Q

How can you tell if conduct is serious misconduct.

A

that is a matter of judgment and will depend on the particular circumstances

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8
Q

Where are the examples of serious misconduct?

A

Guidance C96

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9
Q

Is the list in C96 exhaustive?

A

no.

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10
Q

List 10 examples of serious misconduct

A
  1. dishonesty
  2. assault or harassment
  3. seeking to gain access without consent to instructions or other confidential information relating to the opposing party’s case
  4. seeking to gain access without consent to confidential information relating to another member of chambers, member of staff or pupil
  5. encouraging a witness to give untruthful or misleading evidence
    6.knowingly or recklessly misleading, or attempting to mislead, the court or an opponent.
  6. being drunk or under the influence of drugs in court
  7. failure by a barrister to report promptly to the BSB either criminal charges etc or serious misconduct
  8. a breach of rule C67, threatening to report as a tactic.
  9. conduct that poses a serious risk to the public.
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11
Q

What are the seven types of discrimination?

A
  1. direct discrimination
  2. associative discrimination
  3. discrimination by perception
  4. indirect discrimination
  5. harassment
  6. victimisation.
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12
Q

What is harassment defined as?

A
  • unwanted conduct that has the purpose or effect of creating an intimidating hostile, degrading, humiliating or offensive environment for the complainant or violating the complainant’s dignity
  • unwanted conduct of a sexual nature
  • treating a person less favourably than another person because they have either submitted to, or did not submit to, sexual harassment or harassment related to sex or gender reassignment.
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13
Q

Can you treat a barrister less favourable because they made a report to the BSB?

A

No. Rule C69 creates an obligation on all barristers not to victimise anyone for making in good faith a report of serious misconduct.

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14
Q

If you are a pupil barrister and know someone else has reported serious misconduct, do you need to make a report?

A

No.

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15
Q

If you do not report matters of misconduct which effect you personally, will the BSB take enforcement action?

A

No, but they encourage you to report such actions as they take them seriously.

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16
Q

How should you report misconduct?

A

you should report to the BSB’s Contact and Assessment Team by completing the online form.

17
Q

When should you make your report to the BSB?

A

as soon as reasonably practicable

18
Q

Where does rule C68 remove the duty to report?

A
  1. the relevant facts are already in the public domain; and/or
  2. you reasonably consider that those facts will have come to the BSB’s attention; and/or
  3. the relevant person has already reported the misconduct to the BSB.
19
Q

What should you consider before reporting serious misconduct?

A
  1. whether the individual’s instructions or other confidential matters might have a bearing on the assessment of their conduct.
  2. whether the person concerned has been offered an opportunity to explain their conduct, and if not, why not
  3. any explanation which has been or could be offered for that person’s conduct
  4. whether the matter has been raised or will be raised in the litigation in which it occurred and if not, why not.
20
Q

What is the test for reporting serious misconduct?

A

wether you have material before you which as it stands establishes a reasonably credible instance of serious misconduct.

Pupillage Ethics (24 decks)

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