BPTC Professional Ethics 1 — Questions and Answers
Question 1: Which document primarily regulates barrister conduct in England and Wales?
- The Solicitors Regulation Authority Handbook
- The BSB Handbook (Correct answer)
- The Legal Services Act 2007
- The Courts and Legal Services Act 1990
Correct answer: The BSB Handbook
The Bar Standards Board (BSB) Handbook sets out the Code of Conduct, rules, and guidance that all barristers in England and Wales must follow.
Question 2: Under the BSB Handbook, which Core Duty takes precedence over all others in case of conflict?
- Duty to act in the best interests of the client
- Duty to observe your duty to the court in the administration of justice (Correct answer)
- Duty to maintain professional standards
- Duty to act with integrity
Correct answer: Duty to observe your duty to the court in the administration of justice
CD1 (not misleading the court) and the broader duty to the court take precedence over all other core duties, including those owed to the client, because justice itself depends on advocates' honesty.
Question 3: A barrister receives instructions that involve a conflict of interest. What must they do?
- Accept the instructions but inform both clients
- Decline the instructions or, with informed consent, manage the conflict according to the BSB rules (Correct answer)
- Accept the instructions provided the fee is the same for both clients
- Refer the matter to the Bar Council
Correct answer: Decline the instructions or, with informed consent, manage the conflict according to the BSB rules
A barrister must not act where there is a real risk of a conflict of interest; if the conflict can be managed with full informed consent from all parties, they may proceed in limited circumstances.
Question 4: What does 'legal professional privilege' protect?
- All communications between a lawyer and any third party
- Confidential communications between a lawyer and client for the purpose of giving or receiving legal advice (Correct answer)
- All documents prepared by a barrister
- Communications between co-defendants
Correct answer: Confidential communications between a lawyer and client for the purpose of giving or receiving legal advice
Legal advice privilege protects confidential communications between lawyer and client made for the purpose of giving or receiving legal advice from disclosure.
Question 5: Which of the following is NOT a ground on which legal professional privilege can be lost?
- The communication was made to facilitate a crime or fraud
- The client waives the privilege
- The client dies (Correct answer)
- The communication was made in the presence of a third party who is not the client's agent
Correct answer: The client dies
Death of the client does not automatically destroy legal professional privilege — the privilege belongs to the client's estate and can only be waived by the personal representatives.
Question 6: Under the cab rank rule, which of the following is a legitimate reason for a barrister to refuse instructions?
- The barrister dislikes the type of case
- The barrister has a genuine and significant prior professional commitment that makes it impossible to represent the client (Correct answer)
- The barrister disagrees with the client's politics
- The case involves a crime the barrister finds morally repugnant
Correct answer: The barrister has a genuine and significant prior professional commitment that makes it impossible to represent the client
The cab rank rule has limited exceptions; a genuine prior professional commitment that prevents proper preparation and representation is one of them.
BPTC Professional Ethics 1
Which document primarily regulates barrister conduct in England and Wales?