Topic 3- You and your Client Flashcards
According to rC15, what does CD2, CD7 and CD6 include?
Promoting fearlessly the client’s best interests
If a client is stressed and anxious, what should the barrister do, according to gC41?
Explain the process of court and avoid causing any unnecessary stress from the client
What Core Duty does coaching a client breach?
CD4- duty to maintain independence
CD5- duty to maintain public confidence
CD1- duty to the court
What are the steps a barrister must follow when returning instructions because they did not have time?
rC21- a barrister must not accept instructions if they do not have enough time to deal with a matter
gC72- where instructions are sent too late, the it is possible to return them
If a barrister has to cease acting without the client’s consent, what must they do?
They can cease to act without consent (rC26)
They must then explain the reasons why they are ceasing to act (rC27)
What are the three principles of the Cab Rank Rule?
Self-employed barrister
Receiving instructions from a solicitor
Appropriate to represent based on experience and seniority
Which rule gives the Cab Rank Rule?
rC29
What is the Cab Rank Rule?
The rule that you must accept instructions regardless of the client’s identity, the nature of the case, or your beliefs
What is an exception to the Cab Rank Rule?
Under rC21- if you cannot maintain your independence
If personal interests clash with the instructions- eg, you know a witness, etc
THIS DOES NOT INCLUDE PERSONAL BELIEFS
Are clashing personal beliefs an excuse to return instructions?
No- rC28 - cannot return instructions if the case is objectionable to you
Only clashing personal interests is acceptable to return instructions
If you find a case objectionable to your personal beliefs, can you return instructions?
No, rC28
If a client wishes for me to lie to the court, what should I do?
Must explain that I must observe the duties under CD1- duty to the court, and cannot mislead knowingly rC3
Also CD3- honesty and CD5- public confidence
Cannot mislead the court, so if they insist, I should withdraw, explaining my reasons and assuring confidentiality
What rule does rC29 give?
The Cab Rank Rule
If you believe a client’s case is too complex for you, what should you do?
Although the Cab Rank Rule applies, it is advisable and best for the client to have a more senior barrister (CD2)
This will also mean you are observing CD7 (competent service to client)
If you continued with the case, this could breach CD2 and CD5
What grounds does rC28 give for NOT withholding services?
Must not withhold services even if:
Nature of case is objectionable to you
Conduct, beliefs and opinions are unacceptable to you
Financial support given to client is objectionable
What circumstances are there where the Cab Rank Rule does not apply? (rC21) and (rC30)
There is a conflict of interest
Lack of experience or seniority
Not enough time to deal with matter
If you cease to act for a client, what must you ensure under gC83?
Ensure that the client is not adversely affected because of the insufficient time to source alternative legal representation
If a client is very stressed and anxious, what should you do?
Try to calm them down, explain the proceedings
Avoid any unnecessary distress
If a client does not consent to you withdrawing, can you still withdraw?
Yes
You must clearly explain the reasons for withdrawal- eg, would professionally embarrass you
If a client does not consent to you withdrawing after he tells you to lie in court, and you decide to stay on, what must you do?
Not mislead the court
Test the evidential reliability in CE
Cannot suggest that client didn’t commit the crime
Set up a positive case inconsistent with client’s confession
When must you not accept instructions under the Cab Rank Rule?
Conflict of personal interest
Not authorised, competent or experienced
Insufficient time
Are you permitted to advertise information about a client’s case on social media?
Yes, there is nothing that prohibits this
However, you still owe a duty of confidentiality
Are you permitted to comment in the media as a barrister?
There is no prohibition on doing this
If you are representing two clients, but their accounts differ and contradict each other, what should you do?
This could be a conflict on interests
Therefore, you should cease to act, unless both clients give you informed consent to continue acting for either one or both
