BPTC Conference Skills — Questions and Answers
Question 1: What is the primary purpose of a conference between a barrister and their lay client?
- To allow the barrister to dictate strategy without client input
- To obtain instructions, advise on the merits of the case, discuss evidence, and agree on the way forward (Correct answer)
- To rehearse the client's testimony for trial
- To negotiate fees directly with the client
Correct answer: To obtain instructions, advise on the merits of the case, discuss evidence, and agree on the way forward
A conference with a lay client serves multiple purposes: to obtain detailed instructions, clarify facts, advise on the legal merits and risks of the case, discuss the strength of the evidence, explore options (including settlement), and agree on the next steps. It is a two-way process requiring both information-gathering and advice-giving.
Question 2: During a conference, a lay client becomes visibly distressed when discussing the details of their case. What should the barrister do?
- Ignore the distress and continue with the questioning
- Acknowledge the client's distress, offer a short break if needed, and adjust their approach while ensuring all necessary information is still obtained (Correct answer)
- Terminate the conference immediately
- Ask the solicitor to handle all further communication with the client
Correct answer: Acknowledge the client's distress, offer a short break if needed, and adjust their approach while ensuring all necessary information is still obtained
Effective conference skills require emotional intelligence. The barrister should acknowledge the client's feelings, offer a break, and then resume sensitively. The barrister must still obtain all necessary instructions but may need to adjust the order or manner of questioning. Building rapport and trust is essential to effective client management.
Question 3: What is the barrister's duty when a client gives instructions that are inconsistent with the documentary evidence?
- Accept the client's instructions without question
- Tactfully point out the inconsistency, explore possible explanations, and advise the client on how the inconsistency might affect their case (Correct answer)
- Refuse to act for the client
- Alter the documentary evidence to match the client's account
Correct answer: Tactfully point out the inconsistency, explore possible explanations, and advise the client on how the inconsistency might affect their case
When a client's account conflicts with documentary evidence, the barrister must raise this diplomatically. There may be an innocent explanation, or the client may be mistaken or confused. The barrister should explore the inconsistency, advise the client on its potential impact at trial, and help the client understand the risks while never suborning perjury.
Question 4: In a conference preparing for trial, what should a barrister advise their client about giving evidence?
- To memorise a prepared script for their testimony
- To answer questions truthfully and concisely, listen carefully, and not guess or speculate if unsure of an answer (Correct answer)
- To argue with the opposing barrister during cross-examination
- To refuse to answer any questions they find uncomfortable
Correct answer: To answer questions truthfully and concisely, listen carefully, and not guess or speculate if unsure of an answer
The barrister should advise the client to listen carefully to each question, answer truthfully and concisely, say 'I don't know' or 'I can't remember' when appropriate, avoid volunteering unnecessary information, remain calm during cross-examination, and address answers to the judge or jury. The client must never be coached to give false evidence.
Question 5: What information should a barrister typically cover when advising a client on the merits of their case during a conference?
- Only whether they will win or lose
- The strengths and weaknesses of the case, the range of likely outcomes, the risks of litigation, and potential costs implications (Correct answer)
- Only the legal costs involved
- Only the opponent's weaknesses
Correct answer: The strengths and weaknesses of the case, the range of likely outcomes, the risks of litigation, and potential costs implications
Balanced advice requires the barrister to cover the strengths and weaknesses of the client's case, the applicable law, the range of likely outcomes (not just best case), the risks of proceeding to trial versus settling, potential costs exposure (including adverse costs if unsuccessful), and any relevant procedural considerations.
Question 6: Why is it important for a barrister to prepare a conference plan or agenda before meeting a lay client?
- It is a mandatory requirement of the BSB Handbook
- It ensures the conference is structured, all necessary topics are covered, time is used efficiently, and nothing important is overlooked (Correct answer)
- It is only necessary for conferences lasting more than two hours
- It is required to claim legal aid funding
Correct answer: It ensures the conference is structured, all necessary topics are covered, time is used efficiently, and nothing important is overlooked
Preparing a conference plan ensures that the barrister covers all necessary areas systematically, makes efficient use of the client's time, does not overlook important factual or legal issues, and maintains a professional and organised approach. While not a formal BSB requirement, it is a mark of competent practice and reflects well on the barrister.
BPTC Conference Skills
What is the primary purpose of a conference between a barrister and their lay client?