BPTC ETHICS- Can we Trust you? CDs 3, 4, 5 Questions and Answers with complete solution

The extent of the duties under CDs 3 & 4 - - You must not do anything that could be reasonably be seen by the public to undermine my honest, integrity (CD3) and independence (CD4) How do my duties to act with honesty, integrity and independence relate to my duty to act in my client's best interests? - They take primacy over them. In other words, if acting in your client's best interests required you to anything inconsistent with your obligations under CD3 and $ it's a NO NO PERSONAL RESPONSIBILITY FOR WORK DONE - -You are personally responsible for your own conduct and your own professional work, You must use your own perfessional judgement in relation to matters in which your are instructed. You must do this irrespective of the views of your client, professional client, employers or any other person. -You are also personally responsible for the service provided by those who represent you in dealings with clients e.g. your clerks -you can outsource certain tasks to others (e.g. research) but you remain personally responsible for that work as well. The duty to act with honesty and integrity - - Your duty to act with honesty and integrity includes the following. You MUST: -not knowingly or recklessly mislead anyone or attempt to mislead anyone; -not draft any statement of case, witness statement, affidavit or other document containing: ——any statement of fact or contention that is NOT SUPPORTED by your client or your instructions; ——any contention which is not properly arguable ——Any allegation of fraud, UNLESS you have CLEAR Instructions to allege fraud and reasonably credible material which establishes an arguable case of fraud(In a witness statement of affidavit), any statement of fact other than the evidence which you reasonably believe the witness would give if giving evidence orally; -NOT encourage a witness to give evidence which is MISLEADING or UNTRUTHFUL. -NOT REHEARSE, PRACTISE WITH OR COACH a witness in respect of their evidence -NOT communicate with any witness (including the client) about the case whilst the witness is giving evidence, WITHOUT the permission of the opposing side or the court; (This applies to any breaks e.g. lunch or overnight) in the witness' evidence. -NOT make or offer PAYMENT to any witness contingent on their evidence or the outcome of the case -only propose to accept legal fee arrangements The Duty to Act Independently - -The following may be reasonably seen as compromising your independence: —-Offering, promising or giving to ant client: ———any commission or referral fee of whatever size ———A Gift (apart from items of modest value) ———lending money to any client, professional client or intermediary Accepting ANY MONEY from any client, professional client or intermediary, UNLESS it is a payment for your professional services or a reimbursement made ob the client's behalf. -If you are offered a GIFT by any client, professional client or other intermediary you must consider whether the circumstances and size of the gift would reasonably lead others to think that your INDEPENDENCE had been COMPROMOSED. If it would lead to that conclusion, you should REFUSE to accept the fight.-The giving or receiving of ENTERTAINMENT at a disproportionate level may give rise to a similar issue and should not be offered or accepted if it would lead others to THINK that YOUR INDEPENDENCE had been compromised. BSB guidance on GIFTS and PRESENTS - - Under CD3 and CD4, you must maintain your independence, and act with honesty and integrity. The offering, promising or giving of a gift to any client, professional client or other intermediary nay reasonably be seen to compromise your independence. A gift to a solicitor or intermediary could also be construed as a referral fee. -The giving or receiving of entertainment at a disproportionate level may also give rise to a similar issue, and therefore, should not be accepted if it would lead others to think that your independence had been compromised. -It is considered to be acceptable for you to take a solicitor or intermediary out for dinner at the conclusion of a case, and for chambers to offer proportionate hospitality to a firm or other solicitors or intermediary for promotional purposes. A grateful client is offering me a present. Can I accept it> -it will depend on the nature of the present and whether you are continuing to represent the client. The Ethics Committee takes the view that if your involvement in a case has ended, and there is unllikely to be an appeal, than you may a gift from a lay client, provided the gift is relatively modest and the circumstances and size of the fit are unlikely to bring your independence into question. -Money, gift vouchers and so forth should generally be accepted. BSB Guidance on Media Comment - - you are not prohibited to speak to the media both generally in respect of concluded litigation, but this remains subject to your duties to act in the best interests of each client and not to bring the administration of justice into disrepute not diminish othe trust or confidence the public places in you or your profession.