BPTC Professional Ethics 2

Question 1

A client asks their barrister to advance an argument the barrister believes has no reasonable prospect of success. What should the barrister do?

Accepted Answer

Advise the client of the weakness but still advance the argument if the client insists, unless it would amount to an abuse of process

Answer

A barrister must advise honestly about the merits, but may still pursue an argument on instructions unless it is hopeless or an abuse of the court's process.

Question 2

What is the effect of a barrister being 'direct access' qualified?

Accepted Answer

They can accept instructions directly from lay clients without a solicitor intermediary

Answer

Direct access qualification allows members of the public to instruct a barrister directly without needing a solicitor as an intermediary, subject to restrictions on conducting litigation.

Question 3

Under the Money Laundering Regulations 2017, when must a barrister apply client due diligence (CDD)?

Accepted Answer

When undertaking relevant business such as property transactions, company formations, or trust work

Answer

Barristers must apply CDD when undertaking 'relevant business' as defined by the Money Laundering Regulations, which includes transactional work such as conveyancing and company formation.

Question 4

If a barrister discovers their client intends to commit perjury, they must:

Accepted Answer

Warn the client and, if the client persists, refuse to call them or withdraw from the case

Answer

The barrister must warn the client that they cannot suborn perjury; if the client insists on lying, the barrister must withdraw or, at minimum, not call the client as a witness.

Question 5

The 'wasted costs order' jurisdiction allows the court to order a legal representative to pay costs where they have:

Accepted Answer

Acted improperly, unreasonably, or negligently, causing the opposing party to incur unnecessary costs

Answer

Under s.51 Senior Courts Act 1981, a wasted costs order can be made against a legal representative personally where their improper, unreasonable, or negligent conduct caused wasted costs.

BPTC Practice Test

BPTC Practice Test

BPTC Professional Ethics 2