BPTC Professional Ethics 1

Question 1

Which document primarily regulates barrister conduct in England and Wales?

Accepted Answer

The BSB Handbook

Answer

The Solicitors Regulation Authority Handbook

Answer

The Legal Services Act 2007

Answer

The Courts and Legal Services Act 1990

Question 2

Under the BSB Handbook, which Core Duty takes precedence over all others in case of conflict?

Accepted Answer

Duty to observe your duty to the court in the administration of justice

Answer

Duty to act in the best interests of the client

Answer

Duty to maintain professional standards

Answer

Duty to act with integrity

Question 3

A barrister receives instructions that involve a conflict of interest. What must they do?

Accepted Answer

Decline the instructions or, with informed consent, manage the conflict according to the BSB rules

Answer

Accept the instructions but inform both clients

Answer

Accept the instructions provided the fee is the same for both clients

Answer

Refer the matter to the Bar Council

Question 4

What does 'legal professional privilege' protect?

Accepted Answer

Confidential communications between a lawyer and client for the purpose of giving or receiving legal advice

Answer

All communications between a lawyer and any third party

Answer

All documents prepared by a barrister

Answer

Communications between co-defendants

Question 5

Which of the following is NOT a ground on which legal professional privilege can be lost?

Accepted Answer

The client dies

Answer

The communication was made to facilitate a crime or fraud

Answer

The client waives the privilege

Answer

The communication was made in the presence of a third party who is not the client's agent

Question 6

Under the cab rank rule, which of the following is a legitimate reason for a barrister to refuse instructions?

Accepted Answer

The barrister has a genuine and significant prior professional commitment that makes it impossible to represent the client

Answer

The barrister dislikes the type of case

Answer

The barrister disagrees with the client's politics

Answer

The case involves a crime the barrister finds morally repugnant