Topic 2- Behaving Ethically

Question 1

If a barrister has acted unethically, what CDs may they be breaching?

Answer 1

CD3 and CD4

Question 2

As per rC9, what does acting with CD3- honesty and integrity include?

Answer 2

Not knowingly or recklessly misleading anyone

Not coaching a witness

Question 3

What does gC18 give as compromising your independence under CD4?

Answer 3

Receiving an offering, or giving

eg, a gift, accepting money

Question 4

What does gC25 give as a potential breach of CD3 and CD5?

Answer 4

Criminal conduct

Seriously offensive conduct

Dishonesty

Unlawful discrimination, or harassment

Question 5

What is included as discrimination, as per rC12?

Answer 5

Race, colour, ethnicity, sex, sexual orientation, age, religion, belief, etc

Question 6

How are CD3 and CD5 intrinsically linked?

Answer 6

If you act with dishonesty, this could be seen as breaching the public confidence (CD5)

Question 7

If you see a barrister at a party sexually harassing other barristers, what should you do?

Answer 7

Issue- represents a possible breach, need to decide whether to report

Core Duties- breach of CD3, CD5, CD8

Rule- rC12 cannot harass on basis of sex

GC- gC25- conduct that may breach CD3 and 5 include harassment

Answer- colleagues are under a duty to report

Question 8

Where a barrister believes they must report a colleague to the BSB, what are the steps they must take?

Answer 8

Reasonable grounds to believe there has been serious misconduct- rC66

Must carefully consider all the circumstances (whether there is an explanation)- gC97

Must then report- gC98

Question 9

What does serious misconduct include, according to gC96?

Answer 9

Dishonesty

Assault or harassment

Coaching a witness

Knowingly misleading the court

Being drunk or on drugs in court

Question 10

If you believe there has been serious misconduct under gC96, what must you do?

Answer 10

Carefully consider all the circumstances- gC97

Duty to report then arises if you have reasonable grounds- gC98

Question 11

What exceptions are there to not report a barrister, under rC68?

Answer 11

Whether it is already in the public domain

Whether they have already been reported

Legal professional privilege

Question 12

What does rC65 say about what should be considered serious misconduct that must be reported?

Answer 12

If it is an indictable offence

If it isn’t the BSB are unlikely to have a regulatory interest

eg, speeding

Question 13

If misconduct falls short of serious misconduct, what should be given according to gC102?

Answer 13

Should be reported to your HOLP

Question 14

Do CDs apply in private?

Answer 14

Yes- gC27

CD3, CD5 and CD8 will all apply during private and public life

Question 15

Are posts on social media subject to the Core duties?

Answer 15

Yes, according to the Social Media Guidance by the BSB

Article 10 ECHR will be taken into account

Question 16

If you commit serious misconduct, what does gC94 tell you to do?

Answer 16

Mitigate using all reasonable steps

Question 17

What should I do if I am asked by a solicitor to coach a witness?

Answer 17

I must explain to the solicitor that I cannot coach a witness, as this would be in breach of CD1, CD3 and CD5 and would be grounds for serious misconduct

Question 18

Can I use Chamber headed notepaper in disputes in my private life?

Answer 18

No, this is a breach of CD3, as it lacks integrity

Question 19

Where a barrister is posting questionable things on social media, what should be explained to him?

Answer 19

To exercise caution in public forums

Consider your content and tone of communications

Consider appropriateness and extra caution required where in public eye

Question 20

When posting on social media, what human rights article is this subject to?

Answer 20

Article 10 ECHR- freedom of expression

However, this is a qualified right

Question 21

What type of social media usage is the BSB likely to have a regulatory interest in?

Answer 21

The MANNER in which you express yourself

Not necessarily the substance of the views held
- Unless it is dishonest or discriminatory

Question 22

What CDs may be breached through improper social media conduct?

Answer 22

CD3- honesty and integrity

CD5- diminish public confidence

CD6- client confidentiality- if posting about a client

CD8- discrimination

Question 23

In relation to CD3 and CD4, what does rC8 state?

Answer 23

You must not do anything that could reasonably be seen by the public to undermine your honesty, integrity (CD3) and independence (CD4)

Question 24

If a barrister has been given a fixed-penalty notice for speeding, should this be reported to the BSB?

Answer 24

No, it is a minor criminal offence

Therefore, the BSB are unlikely to have a regulatory interest in it

It is best to report it to your HOLP

Question 25

If a barrister has been charged, but not convicted, of a serious criminal offence, should this immediately be reported?

Answer 25

No, as it is possible that he may be acquitted However, if it is going to impact CD5, it may be worth reporting

Question 26

What is harassment defined under the Equality Act 2010 as?

Answer 26

Unwanted conduct that is intimidating, hostile, humiliating or offensive Unwanted sexual conduct Discrimination

Question 27

If a client asks you a question about something you disagree with, but that they do agree with, how should you respond?

Answer 27

Must not say anything that misleads him However, it is not necessary to disclose her own views Must be courteous Say that her personal beliefs have no relevance

Question 28

What may happen if you don't report a colleague for serious misconduct?

Answer 28

This could be considered serious misconduct in itself You should take the reasonable steps to report it to avoid this

Question 29

What are the three steps you must take where there is a conflict of interest between two joint clients?

Answer 29

Disclose to the clients the nature of the conflict Obtain the informed consent of both to continue acting Be satisfied that you can continue acting in the best interests of the clients and independently (CD2 and CD4)

Question 30

What is the guidance surrounding possible misconduct in private life?

Answer 30

If it is private life, the BSB are unlikely to have a regulatory interest However, must look at whether it impacts CD3/5

Question 31

Could drink driving be considered serious misconduct, even though it is a summary offence?

Answer 31

Yes, as it poses a serious risk to the public This is featured in the gC96 list

Question 32

Which GC holds the list of serious misconduct?

Answer 32

gC96

Question 33

What is contained in gC97 for considering serious misconduct?

Answer 33

Looking at all the circumstances, including: Whether they have offered an explanation

Question 34

What core duties are at risk if you are openly discussing a client's case derogatorily on social media?

Answer 34

CD6- client confidentiality CD2- not acting in the best interests of the client CD5- diminishing public trust and confidence CD3- not acting with integrity

Question 35

What are the key instances of serious misconduct under gC96?

Answer 35

Assault and harassment (inc discrimination) Misleading the court Being drunk in court Seriously offensive conduct Conduct that poses a serious risk to the public Dishonesty Coaching a witness

Question 36

What does rC65 give?

Answer 36

Must report to the BSB if: Committed an indictable offence or serious misconduct

Question 37

What CDs may talking to a jury member during the trial about the case breach?

Answer 37

CD3- honesty and integrity CD5- public confidence It is an abuse of his professional position

Question 38

Remember this phrase ---->

Answer 38

Abuse of professional position Where you have acted in a way that may breach CD5

Question 39

What key phrase should you use when talking about a breach of CD5?

Answer 39

Abuse of professional position