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

Core Duty 3 of the BSB Handbook requires barristers to act with honesty and integrity; this applies in negotiations, prohibiting false statements of fact to opposing counsel even where it would benefit the client.

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

Without prejudice privilege protects genuine settlement communications from being used in evidence as admissions of liability, encouraging parties to negotiate freely without fear that concessions will later be used against them.

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

A barrister must act with integrity and cannot take unfair advantage of an opponent's error; exploiting a clear legal misunderstanding would breach the BSB Handbook's requirements of honesty and fairness.

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

Anchoring with a high opening offer is a legitimate and widely used strategy; the other options involve misrepresentation or improper pressure that would breach the BSB Handbook's honesty requirements.

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

CPR Part 36 allows parties to make formal offers to settle that trigger automatic cost consequences if the offer is not beaten at trial, creating powerful incentives for parties to negotiate realistically.

BPTC Practice Test

BPTC Practice Test

BPTC Negotiation Skills 3