Professional ethics megaquiz

Question 1

You must not knowingly mislead the Court. Which Conduct Rule?

Answer 1

rC3.1

Question 2

Your duty to act in the best interests of each client is subject to your duty to the court. Which Conduct Rule?

Answer 2

rC4

Question 3

Your duty to the court does not require you to act in breach of your duty to keep the affairs of each client confidential. Which Conduct Rule?

Answer 3

rC5

Question 4

Complete rC6:

You must not: make submissions, representations or any other statement; or ask questions which suggest facts to witnesses which you know, or are instructed, are ______________.

Answer 4

rC6:

You must not: make submissions, representations or any other statement; or ask questions which suggest facts to witnesses which you know, or are instructed, are untrue or misleading.

Question 5

Complete rC7:
You must not call witnesses to give evidence or put _________________ to the court which you know, or are instructed, are ______________, unless you make clear to the court the true position as known by or instructed to you.

Answer 5

rC7
You must not call witnesses to give evidence or put affidavits or witness statements to the court which you know, or are instructed, are untrue or misleading, unless you make clear to the court the true position as known by or instructed to you.

Question 6

Which is the correct gC4?

[A] Knowingly misleading the court includes inadvertently misleading the court if you later realise that you
have misled the court, and you fail to correct the position. Recklessness means being indifferent to the
truth, or not caring whether something is true or false. The duty continues to apply for the duration of
the case.

[B] Knowingly misleading the court includes inadvertently misleading the court if you later realise that you
have misled the court, and you fail to correct the position. Recklessness means being indifferent to the
truth, or not caring whether something is true or false.

Answer 6

[A]

Question 7

Complete gC5:

Your duty under Rule C3.3 includes drawing to the attention of the court any decision or provision which may be ______________________. It is particularly important where you are appearing against a litigant who is not legally represented.

Answer 7

Your duty under Rule C3.3 includes drawing to the attention of the court any decision or provision which may be adverse to the interests of your client. It is particularly important where you are appearing against a litigant who is not legally represented.

Question 8

Which is correct?

[A] Your duty to the court prevents you from putting forward your client’s case simply if you do not believe that the facts are as your client states them to be (or as you, on your client’s behalf, state them to be), as long as any positive case you put forward accords with your instructions and you do not mislead the court.

[B] Your duty to the court does not prevent you from putting forward your client’s case simply because you do not believe that the facts are as your client states them to be (or as you, on your client’s behalf, state them to be), as long as any positive case you put forward accords with your instructions and you do not mislead the court.

Answer 8

[B]

Question 9

True or false:

You would be misleading the court if, after your client had entered a plea of ‘not guilty’, you were to test in cross-examination the reliability of the evidence of the prosecution witnesses and then address the jury to the effect that the prosecution had not succeeded in making them sure of your client’s guilt.

[gC9]

Answer 9

False

Question 10

True or false?

If your client told you that he committed the offence with which he was charged, you would not be misleading the Court if you put forward an alibi, but you would be misleading the Court if you suggested that someone else had committed the crime.

[gC10.2&3)

Answer 10

False

Question 11

For example, if your client tells you that he has previous convictions of which the prosecution is not aware, you may not disclose this without his consent. However, in a case where mandatory sentences apply, the non-disclosure of the previous convictions will result in the court failing to pass the sentence that is required by law. In that situation, you must advise your client that…..

[gC12]

Answer 11

… if consent is refused to your revealing the information you will have to cease to act.

Question 12

In situations where mandatory sentences do not apply, and your client does not agree to disclose the previous convictions, you _______ continue to represent your client but in doing so must not say anything that misleads the court.

[gC12]

Answer 12

can

Question 13

You must not make statements or ask questions merely to __________________ a witness or any other person.

[rC7]

Answer 13

insult, humiliate or annoy

Question 14

Complete rC7:

You must not make a serious allegation against a witness whom you have had an opportunity to cross-examine unless ……

Answer 14

…you have given that witness a chance to answer the allegation in crossexamination

Question 15

You must not make a serious allegation against any person, or suggest that a person is guilty of a crime with which your client is charged unless: you have reasonable _______ for the allegation;
AND
the allegation is _____ to your client’s case or the credibility of a witness;
AND where the allegation relates to a third party, you _____ naming them in open court unless this is reasonably necessary

Answer 15

grounds
relevant
avoid

Question 16

You must not do anything which could reasonably be seen by the public to undermine your honesty,
integrity (CDX) and independence (CDY).

What are X and Y?

Answer 16

X=3

Y=4

Question 17

You must not _____________ __ _________ mislead or attempt to mislead anyone

[rC9]

Answer 17

knowingly or recklessly

Question 18

You must not draft any statement of case, witness statement, affidavit or other document
containing:

Any statement of fact or contention which is not supported by your client or by your _________;

Any contention which you do not consider to be properly ~~~~~~~~~;

[rC9]

Answer 18

____________ = instructions

~~~~~~~~~~ = arguable

Question 19

You must not make any allegation of fraud, unless you have clear ~~~~~~~ to allege fraud and you have
reasonably ______________ which establishes an arguable case of fraud;

Answer 19

~~~~~~~~~ = instructions
\_\_\_\_\_\_\_\_\_\_\_\_\_ = credible material

Question 20

you must not make, or offer to make, payments to any witness which are contingent on his ______ or __________.

[rC9]

Answer 20

You must not make, or offer to make, payments to any witness which are contingent on his evidence or on the outcome of the case

Question 21

If you are offered a gift by a current, prospective or former client, professional client or other intermediary,
you should consider carefully whether the circumstances and size of the gift would _______ ____ ______ __ _____ ____ ________ ___ ___ ________. If this would be the case, you should refuse to accept the gift.

Answer 21

reasonably leadothers to think that your independence had been compromised

[gC19]

Question 22

The giving or receiving of entertainment at a __________ ____ may also give rise to a similar
issue and so should not be offered or accepted if it would lead others reasonably to think that your independence had been compromised.
[gC20]

Answer 22

disproportionate level

Question 23

You must within an agreed timescale or within a reasonable period of time comply with any _____
you give in the course of conducting litigation.

[rC11]

Answer 23

undertaking

Question 24

Which is correct?

[A] In connection with any foreign work you must comply with any applicable rule of conduct prescribed by the law or by any national or local Bar of 1 the place where the work is or is to be performed; and the place where any proceedings or matters to which the work relates are taking place or contemplated; unless such rule is inconsistent with any requirement of the Core Duties.

[B] In connection with any foreign work you must comply with any applicable rule of conduct prescribed by the law or by any national or local Bar of 1 the place where the work is or is to be performed; and the place where any proceedings or matters to which the work relates are taking place or contemplated; even if such rule is inconsistent with any requirement of the Core Duties.

Answer 24

[A]

Question 25

You must promote ____________________ means the client’s best interests;

Complete rC15.1

Answer 25

You must promote fearlessly and by all proper and lawful means the client’s best interests;

Question 26

You must promote fearlessly and by all proper and lawful means the client’s best interests;

Which Conduct Rule?

Answer 26

rC15.1

Question 27

Your duty to act in the best interests of each client (CD2) includes a duty to consider whether the client’s best interests are served ………

[rC17]

Answer 27

….. by different legal representation, and if so, to advise the client to that effect.

Question 28

If it becomes apparent to you that you will not be able to carry out the instructions within the time
requested, or within a reasonable time after receipt of instructions your duty to provide a competent standard of work and service to each client (CD7) includes a duty to ….

[rC18]

Answer 28

[rC18]

Question 29

True or false?

If you supply, or offer to supply, legal services, you must not mislead, or cause or permit to be misled,
any person to whom you supply, or offer to supply, legal services about the nature and scope of the legal services which you are offering or agreeing to supply or the terms on which the legal services will be supplied.

[rC19]

Answer 29

True

Question 30

The best interests of clients (CD2) and public confidence in the profession (CD5) are _______ if there is a lack of clarity as to whether services are regulated, who is supplying them, on what terms, and what redress clients have and against whom if things go wrong.

[gC53]

Answer 30

undermined

Question 31

True or false:

Clients will not be misled if self-employed barristers were to share premises with solicitors or other professionals without making sufficiently clear to clients that they remain separate and independent from one another and are not responsible for one another’s work.

[gC54]

Answer 31

False

Question 32

True or false:

If you carry out public access work but are not authorised to conduct litigation, you would breach Rule C19 if you caused or permitted your client to be misled into believing that you are entitled to, or will, provide services that include the conduct of litigation on behalf of your client

[gC58]

Answer 32

True

Question 33

True or false:

If you are a self-employed barrister, you would not be regarded as having breached Rule C19 if you charged at your own hourly rate for work done by a devil or pupil

[gC59]

Answer 33

False

Question 34

You ____ not accept instructions to act in a particular matter if due to any existing or previous instructions you are not able to fulfil your obligation to act in the best interests of the prospective client.

What is ____?

Answer 34

must

[rC21]

Question 35

You ____ not accept instructions to act in a particular matter if there is a conflict of interest between your own personal interests and the interests of the
prospective client in respect of the particular matter.

Answer 35

must

[rC21]

Question 36

You ____ not accept instructions to act in a particular matter if there is a conflict of interest between the prospective client and one or more of your former or
existing clients in respect of the particular matter unless all of the clients who have an interest in the particular matter give their informed consent to your acting in such circumstances;

Answer 36

must

[rC21]

Question 37

You ____ not accept instructions to act in a particular matter if there is a real risk that information confidential to another former or existing client, or any other person to whom you owe duties of confidence, may be relevant to the matter, such that if, obliged to maintain confidentiality, you could not act in the best interests of the prospective client, and the former or existing client or person to whom you owe that duty does not give informed consent to disclosure of that confidential information

Answer 37

must

[rC21]

Question 38

You ____ not accept instructions to act in a particular matter if your instructions seek to limit your ordinary authority or discretion in the conduct of proceedings
in court;

Answer 38

must

[rC21]

Question 39

You ____ not accept instructions to act in a particular matter if you are not competent to handle the particular matter or otherwise do not have enough experience
to handle the matter

Answer 39

must

[rC21]

Question 40

You must not accept instructions to act in a particular matter if you are not competent to handle the particular matter or otherwise do not have enough experience
to handle the matter.

Which Conduct Rule?

Answer 40

rC21

Question 41

Where you first accept instructions to act in a matter you must confirm ……

Answer 41

in writing acceptance of the instructions and the terms and/or basis on which you will be acting, including the basis of charging;

[rC22]

Question 42

Where in a case funded by the Legal Aid Agency as part of the Criminal Legal Aid or Civil Legal Aid it has become apparent to you that this funding has been wrongly obtained by false or inaccurate information you must: …………..

Answer 42

1. Advise your client to take action to remedy the situation

2. If action is not taken immediately you must return your instructions

Question 43

Where you become aware during the course of a case of the existence of a document which should have
been but has not been disclosed, and the client fails to disclose it or fails to permit you to disclose
it, contrary to your advice you …

Answer 43

…. must return your instructions

[rC25]

Question 44

You _____ cease to act on a matter on which you are instructed and return your instructions if your professional conduct is being called into question [rC26]

Answer 44

You may cease to act on a matter on which you are instructed and return your instructions if your professional conduct is being called into question [rC26]

Question 45

True or false:

You may cease to act on a matter on which you are instructed and return your instructions if illness, injury, pregnancy, childbirth, a bereavement or a similar matter makes you unable reasonably to perform the services required in the instructions

[rC26]

Answer 45

True

Question 46

Complete gC83:

In deciding whether to cease to act and to return existing instructions in accordance with Rule C26, you should, where possible and subject to your overriding duty to the court, _______________because there is not enough time to engage other adequate legal assistance.

Answer 46

In deciding whether to cease to act and to return existing instructions in accordance with Rule C26, you should, where possible and subject to your overriding duty to the court, ensure that the client is not adversely affected because there is not enough time to engage other adequate legal assistance.

Question 47

When considering whether or not you are required to return instructions in accordance with Rule C26.6 you should have regard to relevant case law including: ____________ v ________; ChD 1987; (1987) NLJ 148 and ~~~~~~~ v ~~~~~~~ and Another;
ChD (Times, 24-Oct-1995).

Answer 47

When considering whether or not you are required to return instructions in accordance with Rule C26.6 you should have regard to relevant case law including: English & American Insurance Co Ltd & Others -v- Herbert Smith; ChD 1987; (1987) NLJ 148 and Ablitt -v- Mills & Reeve (A Firm) and Another; ChD (Times, 24-Oct-1995).

Question 48

You must never cease to act or return instructions without either….

rC27

Answer 48

1. Obtaining your client’s consent
   OR
2. Clearly explaining to your client or your professional client the reasons for doing so