WS3- Barrister's professional conduct and ethics

Question 1

What is the BSB

Answer 1

Bar Standard’s Board

Question 2

what is the tripartite system for the BSB?

Answer 2

rC4
rule (r)
Code of Conduct (C)
4- the number of the rule

Question 3

BSB 5 main parts

Answer 3

1) core duties
2) outcomes
3) rules
4) guidance
5) regulations

Question 4

what is the BSB responsible for?

Answer 4

• sets the standards of behaviour expected from barristers
• acts when it needs to if those standards are not being met

Question 5

where can the core duties be found in the code

Answer 5

Part 2b

Question 6

what does o stand for in the code

Answer 6

outcomes

Question 7

what does g stand for in the code

Answer 7

guidance

Question 8

what is CD1

Answer 8

must observe your duty to the court in the administration of justice

Question 9

CD2

Answer 9

must act in the best interests of your client

Question 10

CD3

Answer 10

must act with honesty and integrity

Question 11

CD4

Answer 11

must maintain your independence

Question 12

CD5

Answer 12

must not behave in a way which is likely to diminish the trust and confidence which the public places in you or the profession

Question 13

CD6

Answer 13

must keep the affairs of each client confidential

Question 14

CD7

Answer 14

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

Question 15

CD8

Answer 15

must not discriminate unlawfully against any person

Question 16

CD9

Answer 16

must be open and co-operative with your regulators

Question 17

CD10

Answer 17

You must take reasonable steps to manage your practice, or carry out your role within your practice, competently and in such a way as to achieve compliance with your legal and regulatory obligations

Question 18

rC6

Answer 18

duty to not mislead the court- knowledge vs belief

Question 19

rC7 and C9

Answer 19

duty to not abuse the role as advocate

Question 20

rC15

Answer 20

rules relating to the duty to act in the client’s best interests

Question 21

rC18

Answer 21

duty to provide a competent standard of work

Question 22

rC21

Answer 22

rules on ‘must’ accept instructions
sets out situations where the barrister must accept

Question 23

rC22

Answer 23

rules on when you first accept instructions

Question 24

rC25

Answer 24

rules on returning instructions- ‘a barrister must in writing’

Question 25

rC26

Answer 25

rules on returning instructions- ‘a barrister may cease to act and return instructions if’

Question 26

rC28

Answer 26

duty not to discriminate- grounds on which services cannot be withheld

Question 27

rC29

Answer 27

The Cab Rank Rule-obligation of any barrister to accept work regardless of whether the case is palatable or not

Question 28

rC30

Answer 28

The Cab Rank Rule- circumstances where the rule won’t apply

Question 29

rC65

Answer 29

sets out list of situations/ circumstances in which barristers must report themselves to BSB

Question 30

rC66 and C67

Answer 30

reporting serious misconduct of others