Professional Conduct: (Inns of Court Bar Manuals)

There is nothing more important to a barrister's practice than a sound knowledge of the principles of Professional Conduct and an ability to apply them. In its "First Report on Legal Education and Training" (April 1996), the Lord Chancellor's Advisory Committee on Legal Education and Conduct identified "The Ethical Challenge" as one of the foremost challenges to the future education and training of lawyers. This manual provides the materials and practical guidance with which intending barristers can begin to meet the ethical challenge. It includes the full text of the Code of Conduct for the Bar of England and Wales, with which all barristers must be familiar. By isolating, analyzing and encouraging students to apply the provisions of the Code, the manual gives a grounding in what might be called "traditional" or "vocational" professional conduct. In addition, the manual looks at professional conduct issues in a broader ethical context. It includes the summary of the Equity Code for the Bar, extracts from Lord Justice Brooke on "Treating People Fairly", and from Barbara Hewson on "Harrassment: Law and Professional Cross-Cultural Communication". The barrister's responsibilities against a framework of ethical considerations that extend beyond the confines of the Code of Conduct are also examined. Good professional conduct depends on the practical experience gained through the barrister's professional relationships. The book contains contributions from some of those who work with barristers and have seen conduct both good and bad. To further assist the fostering of an ability to deal with professional conduct issues, the book contains a series of problems in relation to which the application of sound professional conduct principles can be discussed.

Table of Contents:
Introduction: the Code of Conduct; the consequences of misconduct; the ethical challenge; behaviour and discrimination; legal ethics - a broader view; practical advice and key texts; content of the course; professional conduct and pupillage; using this manual as your code. Part 1 Professional relationships: relationship with the court; relationship with the lay client; relationship with the professional client; relationship with the members of the profession. Part 2 The ethical challenge - harassment and discrimination: harassment; discrimination, a broader perspective; guidance from the Judicial Studies Board and how to use it. Part 3 The ethical challenge - legal ethics and professional responsibility: the Bar Code of Conduct and ethics; confidentiality; devotion to the client's interests; lawyer control; lawyer zeal and client wrongdoing; the profession's wider responsibilities; concluding comments. Part 4 Court etiquette: courtesy; dress in court; robes; customs; modes of address; problems. Part 5 Professional misconduct - the complaints procedure: general; Professional Conduct Committee; the nature of complaints; pre-complaint procedures; present complaints procedure; informal hearings; summary hearings; tribunals; penalties; appeals; publication of findnigs and sentence; Legal Services Ombudsman; a new complaints system; the Lay Complaints Commissioner; complaints system structure; advice to counsel who are the subject of a complaint; Legal Services Ombundsman - recommendations for compensation. Part 6 Tutorial problems: tutorial 1 - problems; tutorial 2 - problems; tutorial 3 - problems. Appendices: Code of Conduct of the Bar of England and Wales; Equality Code for the Bar; answers to problems.