Topic 5- You and your Practice Flashcards
What is the governing CD for maintaining your practice?
CD10
and CD5
What does rC73 state?
You must not receive or handle client money apart from what the client pays you
What is a referral fee?
A payment or other consideration made in return for the referral of professional instructions by an intermediary
Are referral fees allowed?
No, they are prohibited under CD10
Do barristers required insurance?
Yes, under rC76-78
What should a barrister do if they believe there has been a data breach?
They must notify the Information Commissioner’s Office (ICO) of the breach
What are the rules for ensuring you have insurance?
rC76- must ensure you have adequate insurance
rC77- if you are self-employed, must be a member of the BMIF
rC78- must pay the the insurance promptly
What does rC87 govern about the general rules of managing your practice?
Must take reasonable steps to ensure the practice is effectively managed
Why are underhand payments (payments to receive work) prohibited by the BSB?
It is similar in a way to bribery
This breaches CD10, but also CD5 and CD3 - it lacks integrity
If you have booked a holiday, but a trial is going to run into it, what should you do?
CD1 and CD2- must observe duty to the court and act in the best interest of your client
Cannot withdraw- missing a holiday is not a valid reason
Why does not having insurance as a barrister breach CD7 and CD2?
As not having insurance can leave clients out of pocket
Do pupils need insurance when applying for tenancy?
Yes
Is a barrister allowed to pay or receive referral fees?
No- rC10
What Core Duties are inconsistent with the use of referral fees?
CD3/5- undermines system of clients having the right barrister for the job
CD4- undermines independence
Are payments for clerking services a type of referral fees?
Only if they are genuine and reasonable
What circumstances under rC26 are there for returning instructions?
Illness, injury, pregnancy, childbirth, bereavement
Client consents
Professional conduct is being investigated
Hearing clashes
Can a barrister handle client money?
No, you must not handle client money
If a client insists on you holding their money, what do you do?
You must withdraw and return instructions
If a client offers you money as a gift for your services, is this allowed?
No
Cannot undermine your independence by accepting money (CD4)
Also may breach CD3
Can accepting money from a client amount to serious misconduct?
If you feel that it amounts to dishonesty, then this can amount to serious misconduct
You would then need to report him
