BPTC Conference Skills 2

Question 1

A client instructs their barrister to pursue a claim that the barrister considers has no reasonable prospect of success. What should the barrister do?

Accepted Answer

Advise the client clearly and honestly that the claim has poor prospects, explain the risks including adverse costs, and if the client still wishes to proceed, consider whether continuing to act would breach ethical duties

Answer

The barrister owes the client a duty of honest advice (CD3, CD7). They must explain that the case has poor prospects and outline the risks, including potential wasted costs orders and adverse costs. If the client insists on proceeding, the barrister must consider whether continuing would involve misleading the court or amount to an abuse of process.

Question 2

During a conference with a client in a criminal case, the client reveals information that suggests a third party may be at risk of harm. What should the barrister consider?

Accepted Answer

Consider whether an exception to confidentiality applies, such as the prevention of serious harm or crime, and if so, take appropriate action while seeking guidance if needed

Answer

While legal professional privilege and the duty of confidentiality are fundamental, they are not absolute. If there is a real and imminent risk of serious harm or a crime being committed, the barrister must consider whether an exception to confidentiality applies. The crime/fraud exception may apply, and the barrister should seek guidance from the BSB Ethics Helpline if time permits.

Question 3

What is the role of the instructing solicitor during a conference with counsel?

Accepted Answer

The solicitor facilitates the meeting, provides background context, takes notes of advice given, and helps ensure the client understands the barrister's advice

Answer

The instructing solicitor plays an important supporting role: they introduce the client, provide context and background that may not be in the papers, take a detailed attendance note of the advice given, help translate legal jargon for the client, and follow up on action points after the conference. Their presence ensures continuity of the client's legal representation.

Question 4

How should a barrister handle a situation where the lay client and the instructing solicitor disagree on the strategy for the case?

Accepted Answer

Listen to both perspectives, provide independent professional advice on the best course of action, and remember that ultimately the lay client makes the key decisions about their own case

Answer

The barrister must act as an independent adviser. While respecting the solicitor's professional view, the barrister should provide objective advice on the merits of each approach. Key decisions (whether to accept a settlement offer, whether to give evidence, whether to plead guilty) belong to the lay client, not the solicitor.

Question 5

When conducting a conference in a family law matter, what additional sensitivities should a barrister be aware of?

Accepted Answer

The emotional nature of family disputes, the impact on children, vulnerability of the client, and the court's focus on the welfare of the child as the paramount consideration

Answer

Family law matters require heightened sensitivity because they involve deeply personal issues such as relationship breakdown, arrangements for children, domestic abuse, and financial uncertainty. The barrister must be aware that the client may be vulnerable, that children's welfare is the court's paramount consideration under the Children Act 1989, and that a non-adversarial approach is often most productive.

BPTC Practice Test

BPTC Practice Test

BPTC Conference Skills 2