Basics

Question 1

Which duties apply when providing legal services?

Answer 1

CD1 - Observe your duty to the court in the administration of justice
CD2 - Act in the best interests of each client
CD3 - Act with honesty and integrity
CD4 - Maintain your independence
CD6 - Keep the affairs of each client confidential
CD7 - Provide a competent standard of work and service to each client
CD8 - You must not discriminate unlawfully against any person
CD10 - Take reasonable steps to manage your practice, or carry out your role within your practice, competently and in such a way as to achieve compliance with your legal and regulatory obligations.

Question 2

Which core duties apply at all times?

Answer 2

CD5 - You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession
CD9 - Be open and co-operative with your regulators

Question 3

What are ‘legal services’

Answer 3

Providing legal advice
Providing legal representation
Drafting or settling any statement of case, witness statement, affidavit or other legal document

Question 4

What are not legal services?

Answer 4

Sitting as a judge, arbitrator or acting as a mediator
Lecturing/teaching law or writing/editing law books, articles or reports
Examining newspapers/periodicals/books/scripts/other publications for libel, breach of copyright, contempt of court
Communicating to or in the press or other media
Giving advice on legal matters free to a friend/relative or acting as an unpaid/honorary legal adviser to a charity or philanthropic institution
In relation to a barrister who is a non-executive director of a company, a trustee or governor of a charity/philanthropic institution: giving the benefit of learning and experience on matters of general principle applicable to the affairs of the company/institution/trust to other directors, trustees or governors
Early Neutral Evaluation, Expert Determination and adjudications