Professional Ethics Flashcards
6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Professional Ethics flashcards as text
A barrister acting as a mediator must comply with which additional obligation?
Answer: They must act impartially and cannot later act as an advocate for any party to the mediation
A mediator must be neutral and impartial; acting as advocate for one party after the mediation would compromise the confidentiality and integrity of the process.
Under the BSB Handbook, a barrister must report to the BSB conduct that:
Answer: Is of a type that the BSB would reasonably need to know about in order to carry out its regulatory functions
Rule C66 requires a barrister to report serious misconduct by themselves or others to the BSB where it is of a type the BSB would need to know to discharge its regulatory functions.
What is the significance of the BSB Handbook's 'outcomes-focused' approach?
Answer: It sets out the outcomes that the rules are designed to achieve, allowing flexible compliance while meeting regulatory objectives
The outcomes-focused approach means the BSB focuses on whether the conduct produces the right outcomes (honest, independent, fearless representation) rather than mere technical rule compliance.
A barrister's duty of confidentiality to their client:
Answer: Continues indefinitely after the retainer ends, subject to very limited exceptions
Confidentiality continues beyond the end of the retainer — a barrister must never reveal client confidences without the client's consent except in very limited circumstances such as preventing serious crime.
Under the Legal Services Act 2007, which of the following is a 'reserved legal activity' that only authorised persons may carry out?
Answer: The exercise of a right of audience before a court
Section 12 and Schedule 2 of the Legal Services Act 2007 list 'reserved legal activities' including the exercise of rights of audience, which only authorised persons such as barristers and solicitors may perform.
A barrister is approached by a journalist seeking information about a current client's case. The barrister should:
Answer: Decline to comment on any aspect of the case to preserve client confidentiality
The barrister's duty of confidentiality requires them not to discuss any aspect of the client's case with the media without the client's informed consent.