1.

What words can you think of to describe the ethical values that a lawyer should
practice?

Candor.

2. a) This dilemma concerns the section of Confidentiality and disclosure. As a solicitor,

you have a duty to maintain client confidentiality and not disclose any information to
a third party without the client's consent. Therefore, you cannot discuss any matter
related to your client's case with the client's relative, including the possibility of your
client having access to a mobile phone. You should inform the client's relative that
you cannot accept the papers and return them to them. When your client calls, you
should remind them of the rules around mobile phones in prison and advise them not
to use any unauthorized device.
3. b) This dilemma concerns the section of Cooperation and accountability. As a
solicitor, you have a duty to act in the best interests of your client and to comply with
their instructions, as long as they are legal and ethical. However, you also have a duty
to act in the best interests of the administration of justice. In this case, you should
explain to your client that your choice of barrister is based on their experience and
qualifications rather than their gender. You can provide your client with a list of
suitable barristers, including female barristers, and explain their respective
qualifications and experience. Ultimately, the decision of which barrister to instruct
should be left to the client.
4. c) This dilemma concerns the section of Maintaining trust and acting fairly. As a
solicitor, you have a duty to act with integrity and in a way that does not compromise
your client's trust in you. Therefore, it would be inappropriate to accept your client's
invitation to go out, as it could be perceived as a breach of professional boundaries
and a conflict of interest. You should politely decline the invitation and explain that
your professional relationship with your client must remain strictly professional.
5. d) This dilemma concerns the section of Complaints handling. As a solicitor, you
have a duty to handle complaints in a prompt, courteous and effective manner. In this
case, you should consider the police's request carefully and provide an honest and
accurate statement of what happened, including the damage caused by the client.
However, you should also inform your client of your obligation to report the incident
to the police and advise them to seek legal advice.
6. e) This dilemma concerns the section of Conflict of interests. As a solicitor, you have
a duty to avoid conflicts of interest and act in the best interests of each client. In this
case, there is a potential conflict of interest, as you are acting for both Mr Jones and
Mr Taylor, who are involved in a personal relationship that could impact their divorce
proceedings. You should inform both clients of the potential conflict of interest and
seek their informed consent to continue acting for them. If either client refuses to give
consent, you may have to consider withdrawing from one or both of the cases.
7. f) This dilemma concerns the section of Other business requirements. As a solicitor,
you have a duty to act with integrity and in a way that upholds the reputation of the
profession. Writing an essay for a student, even if it is not related to your legal work,
could be perceived as a breach of ethical standards and compromise your professional
reputation. Therefore, you should decline the offer and explain that it is not consistent
with your professional obligations. Your friend, who is a trainee solicitor, would also
be subject to the same ethical standards and should decline the offer for the same
reasons.
a) As a barrister, it would not be appropriate to write to the builder on my Chambers'
notepaper. The use of Chambers' notepaper is reserved for professional purposes and using it
in a personal matter would be a violation of the Code of Conduct. If I wish to pursue the
matter, I should do so in my personal capacity or engage a solicitor to act on my behalf.

b) If I discover information that could affect my client's case during a conversation with
opposing counsel, I have a duty to maintain confidentiality and not use that information to my
client's advantage. I should immediately cease the conversation and seek advice from my
senior or the Bar Council to determine how to proceed.

c) If I have a clash of cases on the same day, I should prioritize the case that I accepted first,
as the 'Cab-rank rule' requires me to accept instructions in the order they are received. If there
are exceptional circumstances that prevent me from appearing in the case, I should inform the
client as soon as possible and try to arrange for a replacement barrister.

d) As a barrister, I have a duty to maintain professional independence and avoid conflicts of

interest. If the firm of the solicitor against whom my client wishes to bring a professional
negligence action is an occasional instructing solicitor of my Chambers, I should assess
whether accepting the instructions would compromise my independence or create a conflict
of interest. If there is a risk of conflict, I should decline the instructions.

e) If the opposing client is known to me from my student days, I should assess whether my
prior relationship with the client would compromise my ability to maintain professional
independence or to act in the best interests of my client. If there is a risk of compromise, I
should decline the instructions.

f) As a barrister, I have a duty to act in the best interests of my client. If my client has signed
instructions to plead guilty, I should not allow any pressure from others to change my client's
plea without first advising my client of the consequences of doing so. If my client still wishes
to change their plea, I should inform the Judge of my client's change of position and seek
further instructions.

g) As the Head of Chambers, I have a duty to maintain the reputation and integrity of the
Chambers. If a clerk is having an affair with a member of Chambers, it could create conflicts
of interest or other issues that may compromise the reputation and integrity of the Chambers.
I should investigate the matter and take appropriate action to address any issues that arise.

h) As a barrister, I have a duty to maintain professional boundaries and avoid conflicts of

interest. If an opposing solicitor has indicated that they would like to have a sexual
relationship with me, it could create a conflict of interest or compromise my ability to act in
the best interests of my client. I should decline the offer and inform the Bar Council if the
solicitor persists.

i) If my partner is also a barrister and we are instructed on opposite sides of a case, we have a
duty to maintain professional boundaries and avoid conflicts of interest. If we are unable to
maintain professional independence or there is a risk of a conflict of interest, we should
inform the clients and decline the instructions.
j) As a barrister, I have a duty to maintain client confidentiality and avoid conflicts of
interest. If a friend asks me for legal advice, I should assess whether the matter is within my
area of expertise and whether my relationship with the friend would compromise my ability
to maintain client confidentiality or create a conflict of interest. If there is a risk of
compromise or conflict, I should decline to provide the advice.

k) If a client wishes to bring along a friend to a conference, I should assess whether the
friend's presence would compromise my ability to maintain client.

l)As a barrister, you may refuse your client's request to tape record a conference if it is
against the law or professional rules. For example, in some jurisdictions, it may be illegal to
secretly record a conversation without the consent of all parties involved. Additionally,
professional rules may prohibit barristers from engaging in conduct that is dishonest,
disrespectful, or otherwise undermines the administration of justice. If you believe that tape
recording the conference would violate the law or professional rules, you should explain your
reasons to your client and suggest alternative ways to achieve their goals.

m) As a prosecutor, you have a duty to act in the interests of justice and to ensure that the
trial is conducted fairly. If you become aware of a deficiency in the prosecution's case that
might lead to a successful half time submission, you should disclose this information to the
defense and to the court as soon as possible. This duty arises from the duty of disclosure,
which requires prosecutors to disclose all relevant information to the defense, even if it is
harmful to the prosecution's case. Failing to disclose this information could undermine the
fairness of the trial and could result in a miscarriage of justice. If your opponent does not take
the point, you should still bring it to the court's attention, as it is ultimately the court's
responsibility to ensure that the trial is conducted fairly.

odysseo