When does the cab rank rule apply when instructed by a professional client (3 elements)
If it is appropriate considering, Experience, seniority and field of practice.
What obligation are you under regarding lay clients and accepting instrurctions
There is no cab rank. However you cannot discriminate on basis of
Objectionable act
Objectional Views
Source of financial support
When may you still act if you may become a wittness
if it is only to a minor of peripheral matter
When must you not accept work if not able to do it
If not authorised to do it or not competent
Do you have to do work if you dont have time?
generally no.
But there may be exceptional circumstances
Where a brief is delivered so late that no competent person would have time to do it- in such circumstances you do not have to refuse and are obliged under cab rank rule to do it.
When may you use your discretion to refuse a brief?
If beyond ordinary working time.
If too low a few or on the basis it not a proper fee (conditional)
or if solicitor represents an unacceptable credit risk
What may be taken into account in considering if a fee is proper
Complexity, length and difficulty.
Ability, experience and seniority.
Expenses uncured.
What may be evidence that a solicitor proposes an unreasonable credit risk
Inclusion on bar councils list of defaulting solicitors
Where a barrister, to your knowledge, has obtained an unpaid judgement against them.
Where a professional client is subject to insolvency, IFA or PVA.
Evidence of other unsatisfied judgement that may call into question ability to pay fees
What are the protected characteristics.
Age
Disability
Gender Reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual Orientation
If you come across confidential or privlided information which relates to case what must you do if you realise before reading it
Return it and you can continue to act.
What do you do if you obtain information you should not have from the other side
Return and inform opponent.
Likely they will seek to stop you acting.
If they do not you can use it
What do you do if you find a document the other side should have disclosed
You can use it, May seek to stop you
What do you do if you find a document your client should have disclosed
Advise them to disclose it. If they refuse, then stop acting for them.
Should you draft every allegation
No only what is arguable
When can you make a serious allegation
You have reasonable grounds.
It is relevant to the case or credibility of a witness
Where it relates to a third party, you avoid naming them unless necessary
What about fraud? what are the rules
It is a particularly serious allegation.
You must not allege unless you have:
Clear instructions
Reasonably credible material which establishes an arguable case.
When must you protect confidentiality of each clients affairs
Always except:
Where required or permitted by law- for example in money laundering cases
Where client gives informed consent
Should you ask if they have any questions at the start of a conference
No
What style of questioning should conference be like
Examination in chief- non leading questions
What elements of the code of conduct apply in social media posts even when not holding oneself out as a professional
Things that may
Diminish True and confidence in the professional
Undermine honesty, integrity and independence
What are the five factors that RC3 sets out makes sure you are acting in the interests of justice
You must not knowing or recklessly mislead the court
You must not abuse role as an advocate
You must take reasonable steps to avoid wasting court time
You must take reasonable steps to ensure court has all relevant decisions and legislative provisions
You must make sure your independence is not compromised.
Complicity- what should you do if co counsel or your client misleads
Co-Counsel
Correct
Client
If client does not give consent and you are not required or permitted by law, you must withdraw and explain why. You should seek to explain
You should not make submission software question in a way which does what three things
Merely
Insult
Humiliate
Or annoy
Can you make new allegations in closing speech
No- cannot keep powder dry
