BPTC Professional Ethics (BSB) — Questions and Answers
Question 1: Under the BSB Handbook, what is the 'cab rank rule' and to whom does it apply?
- It requires barristers to accept clients in order of arrival at chambers
- It requires self-employed barristers to accept instructions in their area of competence, subject to certain exceptions (Correct answer)
- It allows barristers to choose which clients to represent based on personal preference
- It requires barristers to share cases equally within chambers
Correct answer: It requires self-employed barristers to accept instructions in their area of competence, subject to certain exceptions
The cab rank rule (rC29 of the BSB Handbook) requires self-employed barristers to accept instructions for which they are competent and available, provided a proper fee has been offered. They cannot refuse on grounds of the nature of the case, the client's character, or the barrister's personal opinion. This ensures access to justice.
Question 2: What are the core duties of a barrister as set out in the BSB Handbook?
- To maximise fees and win every case
- To act in the best interests of the client above all else, including the court
- To observe their duty to the court in the administration of justice, which overrides any duty to the client (Correct answer)
- To follow the instructions of the solicitor without question
Correct answer: To observe their duty to the court in the administration of justice, which overrides any duty to the client
Core Duty 1 (CD1) of the BSB Handbook requires barristers to observe their duty to the court in the administration of justice. This overrides any inconsistent obligation, including the duty to the client (CD2). A barrister must not mislead the court or act in a way that undermines the proper administration of justice.
Question 3: A barrister discovers that their client intends to give perjured evidence in court. What should the barrister do?
- Allow the client to give the evidence and cross-examine accordingly
- Advise the client against giving false evidence and, if the client insists, withdraw from the case (Correct answer)
- Report the client to the police immediately without telling the client
- Continue representing the client and present the false evidence as truthful
Correct answer: Advise the client against giving false evidence and, if the client insists, withdraw from the case
A barrister must not knowingly mislead the court (CD1, rC3). If a client insists on giving perjured evidence, the barrister must advise strongly against it. If the client persists, the barrister must cease to act, as continuing would make the barrister complicit in misleading the court. The barrister must not reveal the reason for withdrawal.
Question 4: Under the BSB Handbook, what does the duty of confidentiality require of a barrister?
- To keep all information confidential unless the client gives written consent to disclosure
- To keep confidential all information entrusted by the client, subject to limited exceptions such as legal requirement or prevention of crime (Correct answer)
- To share all case information with other members of chambers
- To disclose all information to the instructing solicitor
Correct answer: To keep confidential all information entrusted by the client, subject to limited exceptions such as legal requirement or prevention of crime
The duty of confidentiality (CD6, rC15) requires barristers to protect confidential information of current and former clients. Limited exceptions apply, including where disclosure is required by law, ordered by the court, or necessary to prevent the commission of a crime. The duty survives the end of the professional relationship.
Question 5: What is a barrister's duty regarding conflicts of interest under the BSB Handbook?
- Conflicts of interest are acceptable if both clients consent
- A barrister must not act where there is a conflict of interest or a real risk of one, unless the clients give informed consent and it is appropriate to act (Correct answer)
- A barrister can never act for two parties in the same matter
- Conflicts only arise in criminal cases
Correct answer: A barrister must not act where there is a conflict of interest or a real risk of one, unless the clients give informed consent and it is appropriate to act
Under rC21 of the BSB Handbook, a barrister must not accept instructions where there is a conflict of interest, or a real risk thereof, between the barrister and the client, or between two or more clients. In limited circumstances, with informed consent and where it remains in the interests of justice, a barrister may act.
Question 6: A barrister is offered a case involving an area of law in which they have no experience. Under the BSB Handbook, what should they do?
- Accept the case and learn as they go
- Decline the instructions, as barristers must only accept work they are competent to handle (Correct answer)
- Accept the case but charge a reduced fee
- Accept the case and delegate the legal research to a pupil
Correct answer: Decline the instructions, as barristers must only accept work they are competent to handle
Core Duty 7 (CD7) requires barristers to provide a competent standard of work. Rule rC21 states that a barrister should not accept instructions unless they are competent to handle the matter. Accepting work beyond one's competence risks harm to the client and a breach of the BSB Code of Conduct.
BPTC Professional Ethics (BSB)
Under the BSB Handbook, what is the 'cab rank rule' and to whom does it apply?