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
Which document primarily regulates barrister conduct in England and Wales?
Answer: The BSB Handbook
The Bar Standards Board (BSB) Handbook sets out the Code of Conduct, rules, and guidance that all barristers in England and Wales must follow.
Under the BSB Handbook, which Core Duty takes precedence over all others in case of conflict?
Answer: Duty to observe your duty to the court in the administration of justice
CD1 (not misleading the court) and the broader duty to the court take precedence over all other core duties, including those owed to the client, because justice itself depends on advocates' honesty.
A barrister receives instructions that involve a conflict of interest. What must they do?
Answer: Decline the instructions or, with informed consent, manage the conflict according to the BSB rules
A barrister must not act where there is a real risk of a conflict of interest; if the conflict can be managed with full informed consent from all parties, they may proceed in limited circumstances.
What does 'legal professional privilege' protect?
Answer: Confidential communications between a lawyer and client for the purpose of giving or receiving legal advice
Legal advice privilege protects confidential communications between lawyer and client made for the purpose of giving or receiving legal advice from disclosure.
Which of the following is NOT a ground on which legal professional privilege can be lost?
Answer: The client dies
Death of the client does not automatically destroy legal professional privilege — the privilege belongs to the client's estate and can only be waived by the personal representatives.
Under the cab rank rule, which of the following is a legitimate reason for a barrister to refuse instructions?
Answer: The barrister has a genuine and significant prior professional commitment that makes it impossible to represent the client
The cab rank rule has limited exceptions; a genuine prior professional commitment that prevents proper preparation and representation is one of them.