You and Your client

Question 1

What does a competent standard of work and service include?

Answer 1

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

Question 2

How do you make sure your knowledge and skills are up to date?

Answer 2

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)

Question 3

When can you disclose your clients affairs?

Answer 3

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.

Question 4

Who is your professional client?

Answer 4

Your instructing solicitor

Question 5

Who is your lay client?

Answer 5

Your actual client e.g. defendant/claimant

Question 6

True or false: Your paramount duty to the court does not require you to disclose confidential information

Answer 6

True

Question 7

What is Legal advice privilege?

Answer 7

Confidential communications between lawyers and their clients. The communications are made for the purpose of seeking or giving legal advice.

Question 8

What is litigation privilege?

Answer 8

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.

Question 9

What does it mean when disclosure is required by law?

Answer 9

Confidential information is not protected by privilege. This is usually the case with the proceeds of crime act.

Question 10

Who is a data controller?

Answer 10

ALL self employed barristers

Question 11

Who is a data processor?

Answer 11

ALL pupils

Question 12

Who does GDPR apply to?

Answer 12

Natural people who can be identified from the information in question
OR
Can be identified from that information when combined with other information

Question 13

How can you avoid breaches of data security?

Answer 13

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)

Question 14

What should you do if you think you or your instructing solicitor is not experienced enough?

Answer 14

Inform your client and suggest an additional barrister or replacement barrister/solicitor
REGARDLESS OF CONSEQUENCES TO YOU.

Question 15

What should you do if you think you are too senior for a straightforward case?

Answer 15

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.

Question 16

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?

Answer 16

Inform your client - regardless of the consequences to you.

Question 17

What should you do if you think anyone acting on behalf of your client has been negligent?

Answer 17

INFORM YOUR CLIENT.

Question 18

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?

Answer 18

You need to inform your client immediately and try to give them as much time as possible to find alternative counsel.

Question 19

Who is a BSB authorised individual?

These are people that are personally responsible

Answer 19

Practising barristers

Pupils with provisional practising certificates

registered European lawyers

Question 20

Are first six pupils personally responsible?

Answer 20

No.

Question 21

Do you need a practising certificate to do a noting brief?

Answer 21

No.

Question 22

How do you get a provisional practicing certificate?

Answer 22

Successfully complete a period of pupillage (first six)

Pay such fee as prescribed

Question 23

What tasks can a Barrister delegate?

Answer 23

Discrete tasks (research or drafting)

Tasks which the person doing them is well equipped to provide.

Question 24

If a clerk makes a mistake, who’s responsibility is it?

Answer 24

The barristers (not chambers).

Question 25

What are reserved legal activities?

Answer 25

Providing legal advice
Providing legal representation
drafting or settling any statement of case, witness statement, affidavit or other legal doc.

Question 26

What services can unregistered barristers provide?

Answer 26

Legal services - yes

Reserved legal activities - no

Question 27

What are reserved legal activities?

Answer 27

Right of audience

Conduct of litigation

Reserved instrument activities

Probate activities

Administration of oaths

Question 28

How do you obtain a full practising certificate?

Answer 28

Satisfactorily completed pupillage (first and second six)
AND
completed training requirements imposed by BSB within last 5 years.

Question 29

What does the provisional practicing certificate give you?

Answer 29

Rights of audience

Question 30

What do you need to conduct litigation?

Answer 30

A litigation extension and you need to tell the BSB

Question 31

What do you need to accept direct access work?

Answer 31

Completed relevant training, comply with rules and inform BSB.