You and Your client Flashcards
What does a competent standard of work and service include?
Treating clients with courtesy and consideration
Advising your client in terms they can understand
Taking all reasonable steps to avoid unnecessary expense
Reading your instructions promptly
How do you make sure your knowledge and skills are up to date?
Participating in professional development and training activities
Complying with any specific training requirements of the BSB for undertaking certain types of work (e.g. public access)
When can you disclose your clients affairs?
When the disclosure is required by law (e.g. Money laundering)
OR
Your client gives informed consent to the disclosure
This applies even if you are a pupil or devilling.
Who is your professional client?
Your instructing solicitor
Who is your lay client?
Your actual client e.g. defendant/claimant
True or false: Your paramount duty to the court does not require you to disclose confidential information
True
What is Legal advice privilege?
Confidential communications between lawyers and their clients. The communications are made for the purpose of seeking or giving legal advice.
What is litigation privilege?
Confidential communication between lawyers and their clients or a 3rd party which come into existence for the dominant purpose of being used in connection with actual or pending litigation.
What does it mean when disclosure is required by law?
Confidential information is not protected by privilege. This is usually the case with the proceeds of crime act.
Who is a data controller?
ALL self employed barristers
Who is a data processor?
ALL pupils
Who does GDPR apply to?
Natural people who can be identified from the information in question
OR
Can be identified from that information when combined with other information
How can you avoid breaches of data security?
Comply with chambers data protection policy
Password protect devices
Encrypt your devices
encrypt your emails
do not leave papers on public transport
avoid taking papers out of chambers (except to court)
What should you do if you think you or your instructing solicitor is not experienced enough?
Inform your client and suggest an additional barrister or replacement barrister/solicitor
REGARDLESS OF CONSEQUENCES TO YOU.
What should you do if you think you are too senior for a straightforward case?
Inform your client and suggest a more junior barrister.
Remember, you should be considering your clients expenses and you must do this regardless of the consequences to you.
What should you do if you think the instructing solcitor is not very good at their job and it is detrimental to your clients case?
Inform your client - regardless of the consequences to you.
What should you do if you think anyone acting on behalf of your client has been negligent?
INFORM YOUR CLIENT.
What should you do if you do not have enough time to do a good job for your client or enough time to do the job at all?
You need to inform your client immediately and try to give them as much time as possible to find alternative counsel.
Who is a BSB authorised individual?
These are people that are personally responsible
Practising barristers
Pupils with provisional practising certificates
registered European lawyers
Are first six pupils personally responsible?
No.
Do you need a practising certificate to do a noting brief?
No.
How do you get a provisional practicing certificate?
Successfully complete a period of pupillage (first six)
Pay such fee as prescribed
What tasks can a Barrister delegate?
Discrete tasks (research or drafting)
Tasks which the person doing them is well equipped to provide.
If a clerk makes a mistake, who’s responsibility is it?
The barristers (not chambers).
