BPTC Professional Ethics 2023 WELL EXPOUNDED QUESTIONS AND ANSWERS

You represent a company who is being sued for an alleged breach of contract. One of the main issues in the case is whether the defendant company's managing director, Chris Jones, agreed to a variation of the terms of the contract, as alleged by the claimant company's managing director, Peter Hagen. The alleged variation is strongly denied by Chris Jones. Shortly before the trial, Jones sends your Instructing Solicitors a newspaper cutting. The cutting dates back to 2003, and contains a report concerning Hagen's conviction for indecent assault. The report states that Hagen pleaded guilty to the offence. Your Instructing Solicitors have sent you a copy of this cutting, and have indicated that it 'should be used as ammunition in cross-examining Hagen.' Can you use it? If so, on what basis? How will you advise Instructing Solicitor on its use? Are there any circumstances in which it could be used? - ANSWER Not abusing your role as an advocate: rC7 Where you are acting as an advocate, your duty not to abuse your role includes the following obligations: 1. you must not make statements or ask questions merely to insult, humiliate or annoy a witness or any other person; 2. you must not make a serious allegation against a witness whom you have had an opportunity to cross-examine unless you have given that witness a chance to answer the allegation in cross examination;