BPTC Professional Ethics (BSB) 2

Question 1

What is the role of the Bar Standards Board (BSB)?

Accepted Answer

To regulate barristers and specialised legal services in England and Wales in the public interest

Answer

The BSB is the independent regulator of barristers in England and Wales. It sets standards of conduct, authorises education and training, handles complaints, and takes enforcement action. Its overriding purpose is to regulate in the public interest, ensuring high standards and protecting consumers of legal services.

Question 2

Under the BSB Handbook, when is a barrister permitted to conduct litigation?

Accepted Answer

Only when they hold an appropriate authorisation (litigation extension) from the BSB

Answer

Traditionally, barristers were not authorised to conduct litigation (issuing proceedings, filing documents at court). However, the BSB now grants litigation extensions to barristers who have completed the necessary training. Without this authorisation, a barrister cannot conduct litigation and must rely on an instructing solicitor.

Question 3

A barrister is representing a defendant in a criminal trial. The defendant confesses privately to the barrister that they committed the offence. Can the barrister continue to represent the defendant?

Accepted Answer

Yes, but the barrister cannot put forward a positive case that the defendant did not commit the offence

Answer

When a client confesses guilt to their barrister, the barrister can continue to act but is restricted in what they can do. They can test the prosecution's evidence and submit there is no case to answer, but they cannot put forward a positive case of innocence or suggest someone else committed the offence, as this would mislead the court.

Question 4

What is the 'without prejudice' rule and how does it relate to a barrister's ethical duties?

Accepted Answer

It protects genuine settlement negotiations from being disclosed to the court, and barristers must respect this privilege

Answer

The without prejudice rule protects communications made in genuine attempts to settle a dispute from being disclosed to the court. This encourages settlement. Barristers have an ethical duty to respect this privilege and must not disclose without prejudice communications to the court without the other party's consent or unless an exception applies.

Question 5

Under the BSB Handbook, what is a barrister's duty regarding their own integrity?

Accepted Answer

Barristers must act with honesty and integrity at all times, including in their personal and professional life

Answer

Core Duty 3 (CD3) requires barristers to act with honesty and integrity. Core Duty 5 (CD5) requires them not to behave in a way that is likely to diminish public trust and confidence in the profession. These duties apply to both professional and personal conduct, as a barrister's behaviour outside practice can also affect public confidence.

BPTC Practice Test

BPTC Practice Test

BPTC Professional Ethics (BSB) 2