Professional Conduct and Ethics
Professional Conduct and Ethics
This domain tests whether you can apply the Bar of Ireland's standards to realistic dilemmas: the Code of Conduct for the Bar of Ireland, the Constitution of the Bar of Ireland, the Legal Services Regulation Act 2015 and the disciplinary machinery (the Barristers' Professional Conduct Tribunal and the Legal Practitioners Disciplinary Tribunal). Questions often turn on the four core duties-to the court and administration of justice, to the client, to the profession and to third parties-and on how they rank when they collide.
Core rules
- Duty to the court is paramount. A barrister must not mislead the court, must disclose relevant adverse authority, and must not conceal a material fact.
- Independence. Barristers are sole practitioners; they must exercise independent judgment and must not let solicitors, clients or fee arrangements dictate advice.
- Cab-rank rule. A barrister must accept a brief in a court and field in which they hold themselves out as practising, at ordinary rates, unless an exception applies: conflict, incompetence, a properly refused fee, or professional embarrassment.
- Confidentiality and privilege. Client information is confidential; legal professional privilege belongs to the client and survives the retainer.
- Conflicts. A barrister must not act for both sides or use confidential information from a former client; if a conflict emerges mid-case, the brief must be returned.
- Fees. Fee-sharing with unqualified persons is prohibited; contingency arrangements are tightly restricted.
Worked example
You are briefed for the plaintiff in a personal injuries action. Before trial, your instructing solicitor's firm merges with the firm acting for the defendant. You cannot continue: a clear conflict exists, and the client's confidential information could be compromised. You should return the brief, tell the solicitor and, if the trial is imminent, apply to the court for an adjournment so that new counsel can be instructed. You should not simply hand over your papers.
Traps
- Treating the duty to the client as superior to the duty to the court.
- Assuming the cab-rank rule obliges you to accept every brief.
- Believing privilege ends when the retainer ends.
- Discussing the case with the other side without instructions.