BPTC Ethics Paper 1

You are a self-employed barrister in your third year of practice, specialising in criminal defence. You are instructed to represent Mr Daniel Osei at a plea and trial preparation hearing at the Crown Court. He is charged with assault occasioning actual bodily harm. In conference, Mr Osei tells you that he did punch the complainant but claims he acted in self-defence. He then says: "My mate Kevin was there and saw everything. He'll say whatever we need him to say — I've already told him what to tell the court." You explain to Mr Osei that this is potentially witness tampering and that Kevin cannot give evidence that he knows to be false. Mr Osei becomes angry and says: "Look, just do your job. I'm paying you to get me off. If you won't play ball, I'll find someone who will." He then instructs you to call Kevin as a witness. Advise on your professional and ethical obligations in this situation, with reference to the BSB Code of Conduct, the Core Duties, and the cab rank rule. Consider whether you can continue to act and, if so, on what basis.

You are a barrister in a mixed civil and family practice. You have been instructed by solicitors acting for Mrs Helen Carter in divorce proceedings. During a conference to discuss financial remedy proceedings, Mrs Carter discloses to you that she has a bank account in Jersey containing approximately £350,000 which she inherited from her late aunt. She tells you: "My husband doesn't know about this money and I don't want it included in the financial disclosure. It's my inheritance and it's none of his business." She instructs you not to disclose this account in her Form E financial statement. You are aware that Form E requires full and frank disclosure of all assets, including inherited funds, and that the family court relies on the duty of full disclosure. Consider your professional obligations. What advice should you give Mrs Carter, and what steps should you take if she refuses to include the Jersey account in her financial disclosure?

You are a junior barrister who has been in practice for 18 months. You are instructed to appear at a hearing in the County Court tomorrow morning for a small claims track trial listed for 2 hours. The case involves a consumer dispute worth £4,500. This evening, you receive a telephone call from your head of chambers, a senior KC, who tells you that a very important solicitor client has a major commercial case that needs counsel urgently tomorrow morning at the High Court. Your head of chambers says: "I need you to return your brief for the small claims trial. This commercial case is worth a lot to chambers and the solicitor specifically asked for you because you did good work on a similar matter last month. I'll smooth things over with the solicitor on the small claims case." You are concerned because the small claims trial has been listed for three months, your lay client has taken a day off work, and returning the brief at this late stage may mean the trial is adjourned with wasted costs. Consider the ethical issues arising from this situation and advise on the correct course of action.

You are a barrister specialising in immigration law. You have been representing Mr Ahmed Al-Rashidi, an asylum seeker from Iraq, in his appeal before the First-tier Tribunal (Immigration and Asylum Chamber). The appeal was heard last week and judgment is reserved. Today, you receive a call from a journalist at The Daily Herald who tells you she is writing an article about "bogus asylum claims" and has somehow obtained details of Mr Al-Rashidi's case, including his name, nationality, and the grounds of his asylum claim. The journalist asks you to comment on the case, saying: "We know he's your client. Can you confirm the details and tell us about the strength of his claim? Our readers have a right to know how their taxes are being spent on these cases." She adds that if you do not comment, the article will simply say that his barrister declined to respond, which "doesn't look great for him." Consider the ethical obligations engaged by this situation and advise on the appropriate response.