King's Inns Professional Conduct key terms

Serious wrongdoing by a barrister that falls below expected standards and damages trust in the profession, such as dishonesty, serious neglect of a client's case, or knowingly misleading a court.

Misconduct that is less grave than professional misconduct but still breaches expected standards of practice, such as poor record-keeping, discourtesy, or failure to respond to correspondence promptly.

The standard a person must meet to be admitted to the degree of barrister-at-law and to hold a practising certificate, covering honesty, integrity, and absence of disqualifying conduct.

The annual authorisation issued by the Benchers that permits a barrister to practise, subject to conditions such as holding a valid policy of professional indemnity insurance.

The principle that a barrister must accept any brief in a field in which they hold themselves out to practise, provided the fee is acceptable and no conflict of interest exists.

A situation where a barrister's own interests, or the interests of another client, may improperly influence their duties to a current client, requiring disclosure or refusal of the brief.

The duty not to reveal information received in the course of a professional relationship without the client's authority, except where disclosure is required or permitted by law.

The client's right to withhold from disclosure confidential communications with legal advisers made for the purpose of obtaining legal advice, and communications made in contemplation of litigation.

A label applied to settlement communications made in a genuine attempt to resolve a dispute, which generally cannot be put before the court as evidence of an admission.

The overriding obligation of a barrister to assist the court in the administration of justice, which takes precedence over the client's interests where the two conflict.

Knowingly or recklessly presenting false or incomplete information to a tribunal, a serious breach of the duty to the court that may amount to professional misconduct.

The written instructions sent by a solicitor to a barrister, containing the facts, pleadings, and documents needed to advise or represent the client, together with the agreed fee.

The outer cover page of a brief, identifying the parties, the court, the barrister instructed, and the fee, used for filing and identification in the Law Library.

The practice whereby a barrister prepares a draft pleading, opinion, or other work for another barrister who remains responsible to the client and signs the document.

A barrister instructed alongside or without a senior barrister, who drafts documents, prepares the case, and may appear in court, often with a more limited fee.

A barrister of recognised experience and standing, formerly called a silk, who is typically instructed in complex or high-value cases, often leading junior counsel.

The collective premises and professional body of practising barristers in Dublin, from which barristers operate and to which practising certificate and subscription requirements apply.

The governing body of the King's Inns, comprising senior judges and barristers, responsible for admitting students, calling barristers to the Bar, and regulating professional conduct.

The ceremony at which a student who has completed the degree course and fulfilled the requirements is admitted as a barrister by the Benchers of the King's Inns.

The professional qualification awarded by the King's Inns on successful completion of the academic and vocational course, a prerequisite for call to the Bar.

A penalty imposed by a professional tribunal for misconduct, ranging from advice or admonishment to conditions on practice, suspension, or striking off.

Mandatory insurance cover that barristers must hold to protect clients against loss caused by negligent advice or representation, required to obtain a practising certificate.

A failure to exercise the degree of care and skill reasonably expected of a competent barrister, giving rise to potential civil liability where loss results.

The principle that a barrister generally cannot be sued for negligence in the conduct of a case in court, protecting the independence of advocacy and the finality of litigation.

The skill of presenting a client's case persuasively before a court or tribunal, including examination-in-chief, cross-examination, re-examination, and oral submissions.

The questioning of one's own witness to elicit evidence supporting the case, conducted without leading questions except on formal or undisputed matters.

The questioning of an opposing witness to test the truth and reliability of their evidence, to elicit favourable facts, and to undermine the other side's case.

A question that suggests the answer or assumes a fact in dispute, generally impermissible in examination-in-chief but permitted in cross-examination.

A witness whose evidence is unfavourable and who may, with leave of the court, be cross-examined by the party who called them, including as to prior inconsistent statements.

A legal argument made to the court by a barrister, typically at the close of evidence or on an interlocutory issue, applying the law to the facts.

A submission that the prosecution or plaintiff has not adduced sufficient evidence for the case to go to the jury or find in their favour, inviting dismissal.

A meeting between a barrister and client, often with the instructing solicitor present, to take instructions, advise on the case, and prepare for hearing.

The process of obtaining the client's account, objectives, and views on settlement, ensuring the barrister understands the case before advising or acting.

An information barrier set up within a firm or between practitioners to prevent confidential information held on one matter from being used in another, addressing conflicts.

The barrister's termination of instructions, permitted only on proper grounds such as non-payment, conflict, or the client's insistence on an improper course, with notice to the court.

An agreement resolving a dispute before or during proceedings, which a barrister may advise on but cannot conclude without the client's authority.

A formal written statement of a party's case, such as a statement of claim or defence, which defines the issues in dispute and the relief sought.

A procedural instruction issued by a court or the Benchers governing how cases, documents, or professional matters are to be conducted, supplementing the rules.

A binding promise given by a barrister to a court, client, or another party, which must be honoured and may expose the barrister to disciplinary consequences if broken.