BPTC Negotiation Skills 3

Question 1

Under the BSB Handbook, which core duty is directly relevant to a barrister's conduct during negotiations with opposing counsel?

Accepted Answer

The duty to act with honesty and integrity and not to mislead

Answer

The duty to promote access to justice

Answer

The duty to maintain client confidentiality at all times

Answer

The duty to return instructions if a conflict of interest arises

Question 2

Which of the following statements correctly describes the effect of 'without prejudice' privilege in settlement negotiations?

Accepted Answer

Genuine communications made in the course of settlement negotiations are protected from being adduced in evidence as admissions

Answer

All documents marked 'without prejudice' are automatically protected from disclosure regardless of their content

Answer

Without prejudice communications may be disclosed if the court considers it just to do so in any circumstances

Answer

Without prejudice protection only applies to written communications, not oral discussions

Question 3

During a negotiation, the opposing barrister makes an incorrect statement of law that would benefit your client if uncorrected. What is the correct course of action?

Accepted Answer

Correct the opponent's legal error, as a barrister must not take unfair advantage through another's mistake

Answer

Remain silent and exploit the opponent's error to maximise the client's recovery

Answer

Ask the opponent to confirm the statement in writing before proceeding

Answer

Adjourn the negotiation and report the matter to the Bar Standards Board

Question 4

Which of the following constitutes a legitimate negotiation tactic that does not breach professional conduct rules?

Accepted Answer

Making a high opening offer to anchor the negotiation range in the client's favour

Answer

Telling the opponent that the client has settled with all other defendants when this is untrue

Answer

Falsely claiming the client has received a better offer from another party

Answer

Threatening adverse publicity for the opponent's client unless they settle immediately

Question 5

What is the primary significance of CPR Part 36 in the context of negotiated settlements?

Accepted Answer

It creates a formal offer mechanism with automatic costs consequences designed to incentivise realistic negotiation

Answer

It imposes a mandatory obligation on parties to negotiate before commencing proceedings

Answer

It sets out the procedural framework for court-annexed mediation

Answer

It provides that statements made in negotiation are inadmissible as evidence of liability

Question 6

Which of the following is NOT a recognised form of Alternative Dispute Resolution (ADR) that a barrister advising on negotiation strategy should consider?

Accepted Answer

Summary judgment

Answer

Mediation

Answer

Arbitration

Answer

Expert determination

Question 7

Under the BSB Handbook, whose decision is it ultimately whether to accept or reject a settlement offer in civil proceedings?

Accepted Answer

The client, whose lawful instructions the barrister must follow even if the barrister would advise differently

Answer

The barrister, who must advise and decide what is in the client's best legal interests

Answer

The solicitor instructing the barrister, who has conduct of the case

Answer

The court, which must approve any settlement to ensure it is fair