Professional Ethics (BSB) Flashcards

Under the BSB Handbook, what is the 'cab rank rule' and to whom does it apply?

Answer: It requires self-employed barristers to accept instructions in their area of competence, subject to certain exceptions

The cab rank rule (rC29 of the BSB Handbook) requires self-employed barristers to accept instructions for which they are competent and available, provided a proper fee has been offered. They cannot refuse on grounds of the nature of the case, the client's character, or the barrister's personal opinion. This ensures access to justice.

What are the core duties of a barrister as set out in the BSB Handbook?

Answer: To observe their duty to the court in the administration of justice, which overrides any duty to the client

Core Duty 1 (CD1) of the BSB Handbook requires barristers to observe their duty to the court in the administration of justice. This overrides any inconsistent obligation, including the duty to the client (CD2). A barrister must not mislead the court or act in a way that undermines the proper administration of justice.

A barrister discovers that their client intends to give perjured evidence in court. What should the barrister do?

Answer: Advise the client against giving false evidence and, if the client insists, withdraw from the case

A barrister must not knowingly mislead the court (CD1, rC3). If a client insists on giving perjured evidence, the barrister must advise strongly against it. If the client persists, the barrister must cease to act, as continuing would make the barrister complicit in misleading the court. The barrister must not reveal the reason for withdrawal.

Under the BSB Handbook, what does the duty of confidentiality require of a barrister?

Answer: To keep confidential all information entrusted by the client, subject to limited exceptions such as legal requirement or prevention of crime

The duty of confidentiality (CD6, rC15) requires barristers to protect confidential information of current and former clients. Limited exceptions apply, including where disclosure is required by law, ordered by the court, or necessary to prevent the commission of a crime. The duty survives the end of the professional relationship.

What is a barrister's duty regarding conflicts of interest under the BSB Handbook?

Answer: A barrister must not act where there is a conflict of interest or a real risk of one, unless the clients give informed consent and it is appropriate to act

Under rC21 of the BSB Handbook, a barrister must not accept instructions where there is a conflict of interest, or a real risk thereof, between the barrister and the client, or between two or more clients. In limited circumstances, with informed consent and where it remains in the interests of justice, a barrister may act.

A barrister is offered a case involving an area of law in which they have no experience. Under the BSB Handbook, what should they do?

Answer: Decline the instructions, as barristers must only accept work they are competent to handle

Core Duty 7 (CD7) requires barristers to provide a competent standard of work. Rule rC21 states that a barrister should not accept instructions unless they are competent to handle the matter. Accepting work beyond one's competence risks harm to the client and a breach of the BSB Code of Conduct.