Professional Ethics (BSB) Flashcards

What is the role of the Bar Standards Board (BSB)?

Answer: To regulate barristers and specialised legal services in England and Wales in the public interest

The BSB is the independent regulator of barristers in England and Wales. It sets standards of conduct, authorises education and training, handles complaints, and takes enforcement action. Its overriding purpose is to regulate in the public interest, ensuring high standards and protecting consumers of legal services.

Under the BSB Handbook, when is a barrister permitted to conduct litigation?

Answer: Only when they hold an appropriate authorisation (litigation extension) from the BSB

Traditionally, barristers were not authorised to conduct litigation (issuing proceedings, filing documents at court). However, the BSB now grants litigation extensions to barristers who have completed the necessary training. Without this authorisation, a barrister cannot conduct litigation and must rely on an instructing solicitor.

A barrister is representing a defendant in a criminal trial. The defendant confesses privately to the barrister that they committed the offence. Can the barrister continue to represent the defendant?

Answer: Yes, but the barrister cannot put forward a positive case that the defendant did not commit the offence

When a client confesses guilt to their barrister, the barrister can continue to act but is restricted in what they can do. They can test the prosecution's evidence and submit there is no case to answer, but they cannot put forward a positive case of innocence or suggest someone else committed the offence, as this would mislead the court.

What is the 'without prejudice' rule and how does it relate to a barrister's ethical duties?

Answer: It protects genuine settlement negotiations from being disclosed to the court, and barristers must respect this privilege

The without prejudice rule protects communications made in genuine attempts to settle a dispute from being disclosed to the court. This encourages settlement. Barristers have an ethical duty to respect this privilege and must not disclose without prejudice communications to the court without the other party's consent or unless an exception applies.

Under the BSB Handbook, what is a barrister's duty regarding their own integrity?

Answer: Barristers must act with honesty and integrity at all times, including in their personal and professional life

Core Duty 3 (CD3) requires barristers to act with honesty and integrity. Core Duty 5 (CD5) requires them not to behave in a way that is likely to diminish public trust and confidence in the profession. These duties apply to both professional and personal conduct, as a barrister's behaviour outside practice can also affect public confidence.

What continuing professional development (CPD) obligations do practising barristers have under the BSB regulations?

Answer: Barristers must complete a minimum number of CPD hours each year and maintain a record of their learning

Under BSB regulations, all practising barristers must undertake continuing professional development to maintain and develop their knowledge and skills. They must plan, undertake, and record their CPD activities. The BSB moved to an outcomes-focused approach, requiring barristers to address their own learning needs rather than simply accumulating hours.