• Social Media Guidance

Question 1

What is likely to diminish public trust and confidence in the profession?

Answer 1

Comments designed to demean or insult are likely to diminish public trust and confidence in the profession (CD5).

Question 2

You should also bear in mind your duty to keep your client’s affairs confidential (CD6). It is inadvisable to

Answer 2

send confidential communications to your client over social media. You should not do so unless your client has agreed and you are satisfied that your client’s confidentiality will not be at risk. If your client does wish to be contacted in this way, you will need to consider not only the security of the system that you are using, but also its privacy policy.

Question 3

You may also want to consider less obvious risks; for example,

Answer 3

by advertising the fact that you are in a particular location at a particular time (perhaps via a “geotagged” status update), you may risk inadvertently revealing that you act for a particular client.

Question 4

CLASH OF HEARING DATE:

WHICH CORE DUTIES IS ACTIVE?

Answer 4

CD7 You must provide a competent standard of work and service to each client

Question 5

clash of hearing dates:

You may cease to act on a matter on which you are instructed and return your instructions if:

Answer 5

you are a self-employed barrister and despite all reasonable efforts to prevent it, a hearing becomes fixed for a date on which you have already entered in your professional diary that you will not be available.

Question 6

You should do what to prevent a clash of dates?

Answer 6

Preventing clashes

You should make all reasonable efforts to prevent a clash of dates. This involves communicating effectively with the Court and managing and diarising your cases effectively.

Question 7

What to do if there is a clash of hearing dates?

Answer 7

• Exercise professional judgment – which client is most prejudiced by alternative representation being arranged at short notice.

Take into account vulnerable clients and the impact of your decision on access to justice.

Particular types of hearings may have to take precedence as a matter of law or procedure. You should take direction from the Court and have regard to any relevant case management rules.Y

Question 8

WHAT factors should you consider when thinking about clash of hearing dates?

Answer 8

You should consider all the relevant circumstances relating to each case including the following issues:

• the length of time that you have been instructed on each case;
• the complexity and difficulty of each case;
• the amount of work you have already done on the case;
• relevant access to justice considerations and the likely impact on your client.

Question 9

What to do in respect of the missed hearing

Answer 9

Inform the clients of the clash

Assist client in finding alternative representation.

• You have a duty to provide a competent standard of work and service to each client (CD7), this includes a duty to inform your professional client, as far as reasonably possible in sufficient time to enable appropriate steps to be taken to protect the client’s interests, if:
  
  • You cannot carry out instructions within the time requested, or within a reasonable time.
  • Cannot undertake instructions.

Question 10

What to do in respect of the missed hearing

You can return instructions if:

Answer 10

1. Self-employed barrister; and
2. Despite reasonable efforts to prevent it, a hearing becomes fixed for a date on which you are unavailable.

Question 11

How to prevent clashes of hearing dates?

Answer 11

• Reasonable efforts to prevent a clash, involves communicating effectively with the court and diarising your cashes.

Question 12

What to do if there is a clash of hearing dates?

Answer 12

1. Exercise professional judgment in deciding which hearing is most important to attend.
2. Particular types of hearings may have to take precedence as a matter of law or procedure. Take direction from the court and have regard to any relevant case management rules.
3. Where order of precedence is unclear, consider the duty to act in best interests of client and which client would most be prejudiced by alternative representation being arranged at short notice. Take care of vulnerable clients and access to justice.

Question 13

What to do if there is a clash of hearing dates?

FACTORS TO CONSIDER:

Answer 13

• Length of time that you have been instructed
• Complexity and difficulty of each case
• Amount of work already done on the case
• Justice consideration and impact on client.