Topic 3- You and your Client

Question 1

According to rC15, what does CD2, CD7 and CD6 include?

Answer 1

Promoting fearlessly the client’s best interests

Question 2

If a client is stressed and anxious, what should the barrister do, according to gC41?

Answer 2

Explain the process of court and avoid causing any unnecessary stress from the client

Question 3

What Core Duty does coaching a client breach?

Answer 3

CD4- duty to maintain independence

CD5- duty to maintain public confidence

CD1- duty to the court

Question 4

What are the steps a barrister must follow when returning instructions because they did not have time?

Answer 4

rC21- a barrister must not accept instructions if they do not have enough time to deal with a matter

gC72- where instructions are sent too late, the it is possible to return them

Question 5

If a barrister has to cease acting without the client’s consent, what must they do?

Answer 5

They can cease to act without consent (rC26)

They must then explain the reasons why they are ceasing to act (rC27)

Question 6

What are the three principles of the Cab Rank Rule?

Answer 6

Self-employed barrister

Receiving instructions from a solicitor

Appropriate to represent based on experience and seniority

Question 7

Which rule gives the Cab Rank Rule?

Answer 7

rC29

Question 8

What is the Cab Rank Rule?

Answer 8

The rule that you must accept instructions regardless of the client’s identity, the nature of the case, or your beliefs

Question 9

What is an exception to the Cab Rank Rule?

Answer 9

Under rC21- if you cannot maintain your independence

If personal interests clash with the instructions- eg, you know a witness, etc

THIS DOES NOT INCLUDE PERSONAL BELIEFS

Question 10

Are clashing personal beliefs an excuse to return instructions?

Answer 10

No- rC28 - cannot return instructions if the case is objectionable to you

Only clashing personal interests is acceptable to return instructions

Question 11

If you find a case objectionable to your personal beliefs, can you return instructions?

Answer 11

No, rC28

Question 12

If a client wishes for me to lie to the court, what should I do?

Answer 12

Must explain that I must observe the duties under CD1- duty to the court, and cannot mislead knowingly rC3

Also CD3- honesty and CD5- public confidence

Cannot mislead the court, so if they insist, I should withdraw, explaining my reasons and assuring confidentiality

Question 13

What rule does rC29 give?

Answer 13

The Cab Rank Rule

Question 14

If you believe a client’s case is too complex for you, what should you do?

Answer 14

Although the Cab Rank Rule applies, it is advisable and best for the client to have a more senior barrister (CD2)

This will also mean you are observing CD7 (competent service to client)

If you continued with the case, this could breach CD2 and CD5

Question 15

What grounds does rC28 give for NOT withholding services?

Answer 15

Must not withhold services even if:

Nature of case is objectionable to you

Conduct, beliefs and opinions are unacceptable to you

Financial support given to client is objectionable

Question 16

What circumstances are there where the Cab Rank Rule does not apply? (rC21) and (rC30)

Answer 16

There is a conflict of interest

Lack of experience or seniority

Not enough time to deal with matter

Question 17

If you cease to act for a client, what must you ensure under gC83?

Answer 17

Ensure that the client is not adversely affected because of the insufficient time to source alternative legal representation

Question 18

If a client is very stressed and anxious, what should you do?

Answer 18

Try to calm them down, explain the proceedings

Avoid any unnecessary distress

Question 19

If a client does not consent to you withdrawing, can you still withdraw?

Answer 19

Yes

You must clearly explain the reasons for withdrawal- eg, would professionally embarrass you

Question 20

If a client does not consent to you withdrawing after he tells you to lie in court, and you decide to stay on, what must you do?

Answer 20

Not mislead the court

Test the evidential reliability in CE

Cannot suggest that client didn’t commit the crime

Set up a positive case inconsistent with client’s confession

Question 21

When must you not accept instructions under the Cab Rank Rule?

Answer 21

Conflict of personal interest

Not authorised, competent or experienced

Insufficient time

Question 22

Are you permitted to advertise information about a client’s case on social media?

Answer 22

Yes, there is nothing that prohibits this

However, you still owe a duty of confidentiality

Question 23

Are you permitted to comment in the media as a barrister?

Answer 23

There is no prohibition on doing this

Question 24

If you are representing two clients, but their accounts differ and contradict each other, what should you do?

Answer 24

This could be a conflict on interests

Therefore, you should cease to act, unless both clients give you informed consent to continue acting for either one or both

Question 25

How are conflicts of interest between two joint clients resolved?

Answer 25

You should cease acting, unless: 1) You discuss the extent and nature of the conflict with both clients 2) Both clients give you informed consent to continue acting for either one or both 3) You must then be satisfied you can continue acting for both

Question 26

What should you explain to two clients where you have to return instructions due to conflict on interest?

Answer 26

Explain that they should both have different legal representation in their best interests Explain carefully your reasons for ceasing to act

Question 27

What should you advise to a client if you have to return instructions, but it is very close to trial?

Answer 27

They may have to make an application for an adjournment This is in order to find alternative legal representation

Question 28

Are you allowed to ask questions that might humiliate or annoy a witness, as long as it isn't your client?

Answer 28

No, you cannot make any statements or questions that merely insult, humiliate or annoy a witness Must act with honesty and integrity

Question 29

If a client wishes you to act unethically, what are the four things you have to explain?

Answer 29

Advise them that you cannot and explain why What you will advise them instead Explain what happens if they insist you break the rules AND Explain what happens if they agree with the advice

Question 30

Before withdrawing and returning instructions, what must you say to the client?

Answer 30

Must explain the reasons why to the client AND That you will be keeping the client confidentiality

Question 31

If your client insists on you lying to the court, is this a MUST or MAY return instructions?

Answer 31

You MUST return instructions

Question 32

If your client admits to being guilty, but wishes to plead not guilty, is this a MUST or MAY return instructions?

Answer 32

You MAY return instructions As long as you don't set up a positive case and test the prosecutions evidence you can still represent them

Question 33

What CDs are involved if you fail to disclose important information to the court (eg, previous cons)?

Answer 33

CD1- duty to the court/not to mislead CD6- duty to keep client affairs confidential overrides CD1 - rC5

Question 34

Why is it difficult where a client admits something to you that you should tell the court?

Answer 34

As although you have a duty to the court, you still must keep client affairs confidential- rC5 Therefore, you cannot tell the court about what the client told you Must either avoid talking about it, or withdraw

Question 35

If you are made aware of an authority that damages your case, do you have to make the court aware?

Answer 35

YES- CD1 duty to the court Must make them aware of any authorities that damage your case (gC5) Also, CD1 beats CD2

Question 36

What CDs may be in breach for coaching a witness?

Answer 36

CD3/5- acting without honesty and integrity CD4- not acting independently CD2/7- not acting in the best interests of the client/competently

Question 37

If a client tells you he no longer wants your representation because he is disappointed in your services, what should you do?

Answer 37

You may cease to act and return instructions, as professional conduct is being called into question However, you should first ensure the client is not adversely affected

Question 38

What are the three conditions of the Cab Rank Rule?

Answer 38

Must receive instructions from a solicitor Must be self-employed Must have the appropriate experience and seniority

Question 39

What should you do if you believe a case is too complex for you?

Answer 39

Must consider the complexity of the case and your own experience, seniority and ability If you feel that it is too complex, it is your duty under CD2 to find alternative legal rep If you continue, this may breach CD2/7 and CD5

Question 40

What is the rule that states you MUST not accept instructions?

Answer 40

rC21 Lack of time, lack of seniority/experience, or conflict of interests

Question 41

Can barristers take witness statements?

Answer 41

Yes, however you should not do so if CD4 could be compromised

Question 42

What is a key circumstances where your independence may be compromised when taking a witness statement?

Answer 42

If you are likely to appear as a witness in the case

Question 43

What happens if you are likely to appear as a witness in the case?

Answer 43

You MUST withdraw