Law and Ethics Portfolio

This study focuses on the professional and ethical duties of Barristers in the UK. It includes a case analysis and recommendations for conducting professional duty ethically. The study emphasizes the importance of maintaining integrity and acting in the best interest of the client and the court.

Law and ethics
Law and Ethics Portfolio
Student name:
Id:
Module name:
Module code: LLBQLD006
Word count: 1500
Date: 27th March 2019
1

Law and ethics
Table of Contents
Introduction......................................................................................................................................3
Case analysis and application of ethical and professional duty.......................................................3
Conclusion.......................................................................................................................................8
Biblography.....................................................................................................................................9
2

Law and ethics
INTRODUCTION
The present study is based on the critical evaluation and analysis of the professional and ethical
duties of the Barrister in the UK (England and Wales). The study will consider the given case
situations, and make recommendations accordingly. Along with this, the study will cover proper
justifications, reasoning and facts that should be taken into account by barristers to conduct their
professional duty viably and ethically.
CASE ANALYSIS AND APPLICATION OF ETHICAL AND
PROFESSIONAL DUTY
Barrister is legal practitioners who have the legal duty to represent the client in a faithful,
confidential, honest and ethical way. Similarly, they are required to conduct their professional
work in the best interest of the lay client and comply with all provided rules, regulations and
code of conduct1. By considering the above case scenario, Ariel, Bell and Daisy being a
barrister, have the responsibilities above their personal values, they have legit ethical duties to
the court, client and community over their personal values. Their duty towards the court is
supreme. It can be articulated that the institution is more significant than the individual; a court
case is not merely about the individual, so when a barrister handles a case, they are not just
representing the case, but are acting in honour of institution of the law, having the right to the
right to a fair trial2.
1 Pont Dal, Evan Gino. "Lawyers' Professional Responsibility." (2017).
2 Anil Balan,. "Addressing the challenges of teaching legal ethics to take account of the widening
participation agenda." The Law Teacher (2018): 1-16.
3

Law and ethics
The barrister has a specific duty towards the client; in this, they have to avoid personal bias,
consider the advancement of the case, while making allegations of severe misconduct made in
opposed to other persons3. The role of the barrister while representing a client is to consider and
protect their interest by helping them to interpret the case against them, their obligations and
legal rights, and the results of final decisions they take in regards with the subject matter4.
In light with the case scenario, it can be recommended that Ariel and Daisy should not put their
personal interest above, rather they should explain the main concern to the client, or shall put
another legal representative in place of them. Barrister in England and Wales are required to
conduct their professional work according to the professional code of conduct, and the same is
included in the Bar Standards Board (BSB) Handbook for Barristers5. In accordance with the
paragraph 302, a barrister has an overruling duty to act with independence in the justice’s
interests; they must help the Court in the justice administration of justice and should not mislead
or intentionally or irresponsibly deceive the Court6. As per paragraph 303, a barrister must
3 Robert McPeake,. Professional Ethics. (Oxford University Press, 2016).
4 J Ching, "Multiplicity and mutability in professional legal education in England and Wales."
(2018): 279-324.
5 Christine Parker,, and Evans Adrian. Inside lawyers' ethics. (Cambridge University Press,
2018).
6 L. I. S. A., Webley, et al. "Access to a Career in the Legal Profession in England and
Wales." Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers.
Cambridge University (2016): 198-225.
4

Law and ethics
accuse and protect and by all correct and lawful mechanism the lay client’s best interests and
conduct the same with no regard to own interests. A last, by paragraph 307, a barrister shall not
authorize their absolute independence, freedom and integrity from outer pressures to be
sacrificed7. Thus, on the basis of the duties explained, all of the involved barristers must act in
interest of client, and if some severe situation arises then they should, explain the matter to the
client and court, thereby gaining their consent, or by placing a legal practitioner in their place to
represent the case thereof8.
It can be reflected that Barrister owns the primary duty between lay client and any other involved
person to the lay client and must not allow any other person to restrict the discretion as to the
serving of interest of the lay client. It can be said that a barrister should not allow their absolute
independence and integrity from the outside pressure and forces to be compromised. They shall
not conduct those aspects in situations as may result in an inference that their independence
might be sacrificed9. They must not sacrifice their own professional standards to please the
client, the third party or the Court. Barrister undertakes the public access work and offer legal
representation and advice in Court in all law area and are also fully eligible to represent clients in
England and Wales. When there is client acceptance towards the instructions, it is the barrister
7 Vesselin Popovski,. International rule of law and professional ethics. (Routledge, 2016).
8 Fred Phillips. Ethics of the Legal Profession. (Routledge-Cavendish, 2016).
9 Zia Akhtar,. "Barristers, the Bar Standards Board and the structural bias of appointing
disciplinary tribunals in England and Wales." Legal Ethics 20.1 (2017): 138-143.
5

Law and ethics
who provides advice and instructs the client by the viable legal process or litigation. A barrister
is personally liable for their personal conduct and their professional work on an internal and
external basis of Court.
In light of the circumstance of Ariel, and considering all the professional and ethical duties of
Barrister in the UK, it can be recommended to her that, she should inform her instructor in such
emergency and extreme situations. She shall, following to this, provide proper brief, explanations
and details of the case. In this case, Ariel is required to instruct the instructor properly about the
case, client and circumstances with providing each and every detail, so that best representation
can be made on behalf of her. It is recommended to Ariel that, she should provide justification of
not representing the case to the client and court, thus, maintaining full integrity with honouring
the Institution and Court. Since barrister has more accessibility to the client and are legal
practitioners with the role of handling cases for court representation, with both prosecution as
well as defence, it is mandatory for Ariel to explain her situation to the client, and gather all
important case details and instructions, and provide the same to the legal practitioner who would
be handling the case on her behalf. It is very significant for Ariel to make her Instructing
Solicitor (Andy) about this situation, so that suitable decisions and solutions could be made, and
as solicitors have a direct contact with client, offering them assistance and legal advice, it is very
decisive to make all things clear with them to consider proper reporting.
For Bell, it is recommended to him that he should take appropriate details and reasoning of the
case from both Mickey (client) and Ariel, so that case can be handled with honesty, integrity and
lawfully. As now of Bell will be representing the case, so it is recommended to him to act in his
due diligence, with taking all ethical consideration into account. It is suggested to the bell to
protect the client in all aspects and considering confidentially and secrecy from the start. In
6

Law and ethics
addition, after confirming his replacement on the case, in place of Ariel, Bell is needed to report
both Solicitor (Andy) and former barrister (Ariel) about the case progress, new facts disclosed
and case proceeding. This is done to maintain the previous hierarchy and get work monitored and
supervised by Andy. The barrister must practice further the aspects of advocacy, a draft of
pleadings and other related legal documents and placing advice on the law questions in a fair
manner. Bell shall be altered to the probability of the conflict of interest, in case the conflict is
between the lay client interest and professional client interest. This conflict can be solved in
favour of the lay client. In regards with the instruction to advice or report documents, a barrister
must make sure that the document is offered in such time that has been accepted with the
professional client, or either in a reasonable time after receipt of the appropriate instructions10.
For Daisy, who is working in the same case as a barrister, due to the death of her dog, she cannot
leave the case in between. For a legal practitioner, it is essential to put their professional tasks
and interest above than their personal interest. She should provide more importance to her
professional duties and exercise a competent standard of work and service inclusive of
supporting the best interest of the client, treating them with consideration, and giving advice to
them in an understandable manner. It is the duty of a barrister to read the instructions provided
by the client carefully before advising or representing them. Daisy must not compromise her
professional standards and work due to her personal circumstances; she is required to consider
reasonable measures to manage her practice and conduct her role competently to attain
compliance with regulatory as well as legal obligations. It is vital that barrister must act all
10 OstaficzukandSuzanne Gagnon, Yanneck. "PROFESSIONAL EXCELLENCE THROUGH
COMPETENCY DEVELOPMENT." Canadian Bar Review 95.1 (2017)
7

Law and ethics
diligently, promptly, faithfully and with reasonable competence in professional activities while
taking all practicable and sensible measures to make sure that all professional engagements are
met. The duty and work of barrister must be in highest standard, and Daisy ought to follow all
the ethical and professional obligations and requirements attached to this work field, in this way,
she should not keep her personal interest above, rather she should act promptly to solve and
represent her lay client.
CONCLUSION
The study concludes that barrister holds a significant position in the representation of client and
court, and it is essential that Ariel, Bell and Daisy understand their professional field and
position, and conduct their work according to the code of conduct, with proper due diligence,
confidentiality and ethically. Thus, it can be concluded that all barristers are required to keep
their personal interest and benefits aside and consider their professional duties and interest first
to maintain ethics with no compromise in work quality and legal representation.
8

Law and ethics
BIBLIOGRAPHY
Dal P, Gino E., "Lawyers' Professional Responsibility." (2017).
Balan, A., "Addressing the challenges of teaching legal ethics to take account of the widening
participation agenda." The Law Teacher (2018): 1-16.
McPeake, R., Professional Ethics. (Oxford University Press, 2016).
Ching, J. "Multiplicity and mutability in professional legal education in England and Wales."
(2018): 279-324.
Parker, C, and Adrian E., Inside lawyers' ethics. (Cambridge University Press, 2018).
Webley, L. I. S. A., et al. "Access to a Career in the Legal Profession in England and
Wales." Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers.
Cambridge University (2016): 198-225.
Popovski, V., International rule of law and professional ethics. (Routledge, 2016).
Phillips, F., Ethics of the Legal Profession. (Routledge-Cavendish, 2016).
Akhtar, Z., "Barristers, the Bar Standards Board and the structural bias of appointing disciplinary
tribunals in England and Wales." Legal Ethics 20.1 (2017): 138-143.
Gagnon, Yanneck O., "PROFESSIONAL EXCELLENCE THROUGH COMPETENCY
DEVELOPMENT." Bar Review 95.1 (2017)
9