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 conduct[1].  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 trial[2].

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 persons[3]. 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 matter[4].

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 Barristers[5]. 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 Court[6]. As per paragraph 303, a barrister must 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 sacrificed[7].   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 thereof[8].

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 sacrificed[9]. 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 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 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 instructions[10].

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 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.

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)

[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] 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.

[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. 

[10] OstaficzukandSuzanne Gagnon, Yanneck. “PROFESSIONAL EXCELLENCE THROUGH COMPETENCY DEVELOPMENT.” Canadian Bar Review 95.1 (2017)