Professional Ethics Flashcards
6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Professional Ethics flashcards as text
A client asks their barrister to advance an argument the barrister believes has no reasonable prospect of success. What should the barrister do?
Answer: Advise the client of the weakness but still advance the argument if the client insists, unless it would amount to an abuse of process
A barrister must advise honestly about the merits, but may still pursue an argument on instructions unless it is hopeless or an abuse of the court's process.
What is the effect of a barrister being 'direct access' qualified?
Answer: They can accept instructions directly from lay clients without a solicitor intermediary
Direct access qualification allows members of the public to instruct a barrister directly without needing a solicitor as an intermediary, subject to restrictions on conducting litigation.
Under the Money Laundering Regulations 2017, when must a barrister apply client due diligence (CDD)?
Answer: When undertaking relevant business such as property transactions, company formations, or trust work
Barristers must apply CDD when undertaking 'relevant business' as defined by the Money Laundering Regulations, which includes transactional work such as conveyancing and company formation.
If a barrister discovers their client intends to commit perjury, they must:
Answer: Warn the client and, if the client persists, refuse to call them or withdraw from the case
The barrister must warn the client that they cannot suborn perjury; if the client insists on lying, the barrister must withdraw or, at minimum, not call the client as a witness.
The 'wasted costs order' jurisdiction allows the court to order a legal representative to pay costs where they have:
Answer: Acted improperly, unreasonably, or negligently, causing the opposing party to incur unnecessary costs
Under s.51 Senior Courts Act 1981, a wasted costs order can be made against a legal representative personally where their improper, unreasonable, or negligent conduct caused wasted costs.
Which of the following best describes the 'end-cab rank' exception for self-employed barristers?
Answer: A barrister who is not in independent practice is not subject to the cab rank rule
The cab rank rule applies only to self-employed barristers; employed barristers and those not in independent practice are not bound by it.