BPTC Conference Skills

Question 1

What is the primary purpose of a conference between a barrister and their lay client?

Accepted Answer

To obtain instructions, advise on the merits of the case, discuss evidence, and agree on the way forward

Answer

A conference with a lay client serves multiple purposes: to obtain detailed instructions, clarify facts, advise on the legal merits and risks of the case, discuss the strength of the evidence, explore options (including settlement), and agree on the next steps. It is a two-way process requiring both information-gathering and advice-giving.

Question 2

During a conference, a lay client becomes visibly distressed when discussing the details of their case. What should the barrister do?

Accepted Answer

Acknowledge the client's distress, offer a short break if needed, and adjust their approach while ensuring all necessary information is still obtained

Answer

Effective conference skills require emotional intelligence. The barrister should acknowledge the client's feelings, offer a break, and then resume sensitively. The barrister must still obtain all necessary instructions but may need to adjust the order or manner of questioning. Building rapport and trust is essential to effective client management.

Question 3

What is the barrister's duty when a client gives instructions that are inconsistent with the documentary evidence?

Accepted Answer

Tactfully point out the inconsistency, explore possible explanations, and advise the client on how the inconsistency might affect their case

Answer

When a client's account conflicts with documentary evidence, the barrister must raise this diplomatically. There may be an innocent explanation, or the client may be mistaken or confused. The barrister should explore the inconsistency, advise the client on its potential impact at trial, and help the client understand the risks while never suborning perjury.

Question 4

In a conference preparing for trial, what should a barrister advise their client about giving evidence?

Accepted Answer

To answer questions truthfully and concisely, listen carefully, and not guess or speculate if unsure of an answer

Answer

The barrister should advise the client to listen carefully to each question, answer truthfully and concisely, say 'I don't know' or 'I can't remember' when appropriate, avoid volunteering unnecessary information, remain calm during cross-examination, and address answers to the judge or jury. The client must never be coached to give false evidence.

Question 5

What information should a barrister typically cover when advising a client on the merits of their case during a conference?

Accepted Answer

The strengths and weaknesses of the case, the range of likely outcomes, the risks of litigation, and potential costs implications

Answer

Balanced advice requires the barrister to cover the strengths and weaknesses of the client's case, the applicable law, the range of likely outcomes (not just best case), the risks of proceeding to trial versus settling, potential costs exposure (including adverse costs if unsuccessful), and any relevant procedural considerations.

BPTC Practice Test

BPTC Practice Test

BPTC Conference Skills