PE SGS 1: Fundamental Principles
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To what extent does the Code govern a barrister’s conduct OUTSIDE of work?
(301) A barrister must not engage in conduct which is:
dishonest or otherwise discreditable
prejudicial to the administration of justice; or
Likely to bring the legal profession into disrepute
Engage in an association that may adversely affect the reputation of the Bar
What rules are there in the Code regarding discrimination?
(305) A barrister must not discriminate because of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, age, religion or belief
Who is responsible for the conduct of a barrister’s professional activities?
- (306) A barrister is individually and PERSONALLY responsible for his own conduct and for his professional work: he must exercise his
- own personal judgement in all his professional activities.
(708) A barrister when conducting proceedings in Court is personally responsible for the conduct of his case
and must exercise personal judgment upon the substance and purpose of the statements
made and questions asked.
To whom does a barrister have an ‘overriding’ duty?
(302) overriding duty to THE COURT
...to act with independence in the interests of justice: he must assist the Court in the administration of justice and must not deceive or mislead the Court.
To whom does a barrister have a ‘primary’ duty - his/her lay client or professional client?
to the LAY CLIENT
What is the standard of a barrister’s duty to the lay client?
(s.303)...must promote and protect FEARLESSLY the lay client’s best interests without regard to his own interests
What is the barrister’s duty of confidentiality to the lay client?
(s.702) ...a barrister must preserve the confidentiality of the lay client’s affairs during and after services
Must not show the contents of the papers (information entrusted to him) to any third person
without the prior consent
of the lay client unless:
- another barrister,
- a pupil,
- a Registered European Lawyer or any other person who needs to know it for the performance of their duties
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