Code of Conduct Instructions Flashcards
601: What is the cab-rank rule?
A barrister who supplies advocacy services must not withhold those services:
(a) on the ground that the nature of the case is objectionable to him or to any section of the public;
(b) on the ground that the conduct opinions or beliefs of the prospective client are unacceptable to him or to any section of the public;
(c) on any ground relating to the source of any financial support which may properly be given to the prospective client for the proceedings in question (for example, on the ground that such support will be available as part of the Community Legal Service or Criminal Defence Service).
602: When must a barrister comply with the cab-rank rule and what does this entail doing?
A self-employed barrister must comply with the ‘Cab-rank rule’ and accordingly except only as otherwise provided in paragraphs 603 604 605 and 606 he must in any field in which he professes to practise in relation to work appropriate to his experience and seniority and irrespective of whether his client is paying privately or is publicly funded:
(a) accept any brief to appear before a Court in which he professes to practise;
(b) accept any instructions;
(c) act for any person on whose behalf he is instructed; and do so irrespective of
(i) the party on whose behalf he is instructed
(ii) the nature of the case and
(iii) any belief or opinion which he may have formed as to the character reputation cause conduct guilt or innocence of that person.
603(a): When must a barrister not accept instructions regarding experience?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(a) if he lacks sufficient experience or competence to handle the matter;
603(b): When must a barrister not accept instructions regarding commitments?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(b) if having regard to his other professional commitments he will be unable to do or will not have adequate time and opportunity to prepare that which he is required to do;
603(c): When must a barrister not accept instructions regarding his discretion/conduct?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(c) if the instructions seek to limit the ordinary authority or discretion of a barrister in the conduct of proceedings in Court or to require a barrister to act otherwise than in conformity with law or with the provisions of this Code;
603(d): When must a barrister not accept instructions regarding independence?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(d) if the matter is one in which he has reason to believe that he is likely to be a witness or in which whether by reason of any connection with the client or with the Court or a member of it or otherwise it will be difficult for him to maintain professional independence or the administration of justice might be or appear to be prejudiced;
603(e): When must a barrister not accept instructions regarding interests of parties?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(e) if there is or appears to be a conflict or risk of conflict either between the interests of the barrister and some other person or between the interests of any one or more clients (unless all relevant persons consent to the barrister accepting the instructions);
603(f): When must a barrister not accept instructions regarding confidentiality?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(f) if there is a significant risk that information confidential to another client or former client might be communicated to or used for the benefit of anyone other than that client or former client without their consent;
603(g): When must a self-employed barrister not accept instructions from a (firm of) solicitor(s)?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(g) if he is a self-employed barrister where the instructions are delivered by a solicitor or firm of solicitors in respect of whom a Withdrawal of Credit Direction has been issued by the Chairman of the Bar pursuant to the Terms of Work on which Barristers Offer their Services to Solicitors and the Withdrawal of Credit Scheme 1988 as amended and in force from time to time unless his fees are to be paid directly by the Legal Services Commission or the instructions are accompanied by payment of an agreed fee or the barrister agrees in advance to accept no fee for such work or has obtained the consent of the Chairman of the Bar.
603(h): When must a barrister not accept instructions regarding a lay client without a solicitor?
A barrister must not accept any instructions if to do so would cause him to be professionally embarrassed and for this purpose a barrister will be professionally embarrassed:
(h) If the barrister is instructed by or on behalf of a lay client who has not also instructed a solicitor or other professional client, and if the barrister is satisfied that it is in the interests of the client or in the interests of justice for the lay client to instruct a solicitor or other professional client.
604(a): When is a self-employed barrister not obliged to accept instructions in relation to timing in the year?
Subject to paragraph 601 a self-employed barrister is not obliged to accept instructions:
(a) requiring him to do anything other than during the course of his ordinary working year;
604(b): When is a self-employed barrister not obliged to accept instructions in relation to fees?
Subject to paragraph 601 a self-employed barrister is not obliged to accept instructions:
(b) other than at a fee which is proper having regard to:
(i) the complexity length and difficulty of the case;
(ii) his ability experience and seniority; and
(iii) the expenses which he will incur;
and any instructions in a matter funded by the LSC as part of the CLS or the CDS for which the amount or rate of the barrister’s remuneration is prescribed by regulation or subject to assessment shall for this purpose unless the Bar Council or the Bar in general meeting otherwise determines be deemed to be at a proper professional fee;
604(c): When is a self-employed barrister not obliged to accept instructions in relation to CFAs?
Subject to paragraph 601 a self-employed barrister is not obliged to accept instructions:
(c) to do any work under a conditional fee agreement;
604(d): When is a self-employed barrister not obliged to accept instructions in relation to fee agreement and payment?
Subject to paragraph 601 a self-employed barrister is not obliged to accept instructions:
(d) save in a matter funded by the Legal Services Commission as part of the Community Legal Service or the Criminal Defence Service:
(i) unless and until his fees are agreed;
(ii) if having required his fees to be paid before he accepts the instructions those fees are not paid;
604(e) and (f): When is a self-employed barrister not obliged to accept instructions in relation to non-professional clients or the lay client is also the professional client?
Subject to paragraph 601 a self-employed barrister is not obliged to accept instructions:
(e) from anyone other than a professional client who accepts liability for the barrister’s fees;
(f) in a matter where the lay client is also the professional client;
604(g): When is a self-employed barrister not obliged to accept instructions in relation to contract terms?
Subject to paragraph 601 a self-employed barrister is not obliged to accept instructions:
(g) to do any work under the Contractual Terms on which Barristers offer their Services to Solicitors 2001 as amended and in force from time to time or on any other contractual terms.
604(h): When is a self-employed barrister not obliged to accept instructions in relation to the level of professional indemnity insurance required?
Subject to paragraph 601 a self-employed barrister is not obliged to accept instructions:
(h) where the potential for professional negligence in respect of the case could exceed the level of professional indemnity insurance which is reasonably available and likely to be available in the market for him to accept.
605: When is a self-employed QC not obliged to accept instructions?
A self-employed Queen’s Counsel is not obliged to accept instructions:
(a) to settle alone any document of a kind generally settled only by or in conjunction with a junior;
(b) to act without a junior if he considers that the interests of the lay client require that a junior should also be instructed.
606.1: What must a barrister consider when being instructed or determining continuation of instructions in regards to the client?
A barrister must in the case of all instructions consider whether consistently with the proper and efficient administration of justice and having regard to:
(a) the circumstances (including in particular the gravity complexity and likely cost) of the case;
(b) the nature of his practice;
(c) his ability experience and seniority; and
(d) his relationship with the client;
the best interests of the client would be served by instructing or continuing to instruct him in that matter.
606.2: What must a barrister consider when instructed with (an)other advocate(s)?
Where a barrister is instructed in any matter with another advocate or advocates the barrister must in particular consider whether it would be in the best interests of the client to instruct only one advocate or fewer advocates.
606.3: What should a barrister consider when instructed directly by the lay client or by an intermediary who is not a solicitor?
A barrister who in any matter is instructed either directly by the lay client or by an intermediary who is not a solicitor or other authorised litigator should consider whether it would be in the interests of the lay client or the interests of justice to instruct a solicitor or other authorised litigator or other appropriate intermediary either together with or in place of the barrister.
606.4: What must a barrister consider if the case involves several parties?
In cases involving several parties, a barrister must on receipt of instructions and further in the event of any change of circumstances consider whether, having regard to all the circumstances including any actual or potential conflict of interest, any client ought to be separately represented or advised or whether it would be in the best interests of any client to be jointly represented or advised with another party.
607: What should the barrister do if he considers it would be better that the client have different representation?
If at any time in any matter a barrister considers that it would be in the best interests of any client to have different representation, he must immediately so advise the client.
608(a): When must a self-employed barrister cease to act/return instructions regarding professional embarrassment?
A barrister must cease to act and if he is a self-employed barrister must return any instructions:
(a) if continuing to act would cause him to be professionally embarrassed within the meaning of paragraph 603 provided that if he would be professionally embarrassed only because it appears to him that he is likely to be a witness on a material question of fact he may retire or withdraw only if he can do so without jeopardising the client’s interests;
