Unit 1 Subject 2 Flashcards
(19 cards)
You and the court: outcomes 1-5
1 court can rely on info before it
2 proper admin of justice
3 interest of clients are protected
4 advocates and clients understand their duties
5 public confidence
CD1-10
CCHICCCDOB
Court
Client
Honesty
Independence
Confidence of public
Confidentiality
Competence
Discrimination
Obey regulator
Build compliant practice
Which CD apply to Unreg barrister at all times
5&9
What other CDs is CD2 subject
CD3, 4 & 8
Honesty
Independence
Discrim
Prof statement 1.1
Barristers will uphold reputation of bar and observe duty to court. Even against client interests.
Must recall CDs
Ensure that behaviour justifies clients trust.
Oc34 Unreg barristers
Clients who receive legal services from Unreg barristers are aware that Unreg barristers not subject to same regulatory safeguards
What must Unreg barrister do with inexperienced client
Explain not acting as barrister
Not subject to bits of code of conduct and handbook which apply to authorised persons
No indemnity
Can complain but not to legal ombudsman
No legal privilege
Written confirmation from client required
Inexperienced client?
Includes someone who would have right to bring complaint to ombudsman.
Individuals, small businesses, charities, clubs, trusts and associations
All above income net of tax<1m
When rc144 not apply
If you supply legal services as an employee of regulated entity
As above but for professional.body
Legal advice centre
Another regulator
Reserved legal activities
Can’t let third party do them for you
Can’t do without practising cert
Supply.of legal services
Includes offer to supply the same
Can pupils do noting
Yes with permish of HOC or pupil sup
Who can carry out RLA or legal services?
Self employed & employed barrister
European lawyer (applies same capacity as if barrister)
Bsb entity
What’s the relationship between RLA and other legal services
Where you do RLA, any other legal services you supply in thelat capacity will be subject to BSB regulation
3 years standing rule
Cannot be sole practitioner. Need to be somewhere where there’s a person who’s qualified
What does qualified person mean
Someone who’s practised as a barrister for 6 of last 8 years and for previous 2 years. That person can only do it for 3 people in total.
Can you manage clients affairs?
No
Misleading or causing to be misleading about legal services
Can’t mislead about Nature and scope
Terms and costs
Who’s responsible for providing them
Your insurance
Misleading advertising
Can’t publish misleading advertising
If unregistered barrister, can’t mislead cli my into thinking you’re a a barrister when providing legal services.
Pupils cannot hold out as member of chambers.
