SGS 4 MCQs

Question 1

Jane is frequently approached by the local press in the Crown Court in which she most
regularly prosecutes. She is also a part-time lecturer at her local University. She wants to
know to what extent she can comment to the press or to her students about her own cases.

Consider the following propositions.

(i) Jane cannot express to the media a personal opinion on any fact or issue arising in
any case in which she has appeared or is appearing.

(ii) Jane can always express to the media a personal opinion on any fact or issue
arising in any jury trial in which she has appeared once the jury has reached its
verdict.

(iii) Jane can express to her students a personal opinion on any fact or issue arising in
any case in which she has appeared or is appearing.

Which of the above propositions is/are CORRECT?

[A] (i) is the only correct proposition

[B] (ii) is the only correct proposition

[C] (iii) is the only correct proposition

[D] (ii) and (iii) are the only correct propositions

Answer: C

The position is governed by the BSB media comment guidance and is dealt with at
2/C2 gC22.

A barrister can comment to the media on a case (therefore (i) is wrong). They must
nevertheless ensure that any comment does not undermine their independence (CD 4),
diminish the public trust or confidence in the profession (CD 5) or threaten their duty of
confidentiality to the client (CD 6).

(ii) is wrong because frequently defendants will appeal after a conviction, and Counsel
would need to be mindful of the above duties as she is still representing the client, so
cannot ‘always’ speak to the media after a jury has reached a verdict - counsel shouldn't
comment unless s/he knows there will definitely be no appeal.
(iii) is correct as CD 4 & 5 are not at risk.
Question 2

An ‘Unregistered Barrister’ is someone who:

(i) has been called by an Inn

(ii). has not ceased to be a member of the Bar

(iii) does not hold a practising certificate

(iv) has not completed pupillage

Which ONE of the following combinations is correct?

[A] (i) and (iv)

[B] (i), (iii) and (iv)

[C] (i), (ii) and (iii)

[D] (i), (ii) and (iv)

Answer C

Guidance for Unregistered Barristers

(iv) is something of a ‘red herring’ as having completed pupillage (or not) is not important.
It merely allows you to apply for a practising certificate which effectively ‘Registers’ you. To
be a Barrister (in name not practising status) you have to have been called by an Inn so (i)
is correct. You can cease to be a member of the Bar for a variety of reasons e.g. disciplinary
so even as an unregistered barrister you still need to be a member of the Bar so (ii) is
correct. By definition an unregistered barrister does not hold a practising certificate so (iii) is
correct.

Question 3

You are a self employed unregistered barrister offering Legal Services.

Which ONE of the following is an acceptable description of yourself for business purposes?

[A] Barrister

[B] Counsel

[C] Non practising Barrister

[D] Lawyer

Answer D
The key phrase here is ‘offering Legal Services’. A practising barrister i.e. one who has a
practising certificate and therefore ‘Registered’ is subject to the regulatory regime of the Bar
Standards Board. The profession is concerned about clients potentially being confused about
the status and standards of those describing themselves as Barristers. Read carefully the
Guidance for Unregistered Barristers available in the Code Guidance section of the BSB
website.

Question 4

You are now an ‘academic’ teaching in a University. You were called to the Bar, completed
pupillage and practised for two years but have not been near a court for years. You do not
offer any ‘Legal Services’.

Which ONE of the following is an acceptable description of yourself for academic purposes?

[A] Barrister

[B] Counsel

[C] Non practising Barrister

[D] Lawyer

Answer A

As you have no intention of offering Legal Services then it is acceptable to describe yourself
as a Barrister. Again read carefully the Guidance for Unregistered Barristers available
in the Code Guidance section of the BSB website.

Question 5

Tim successfully completed the BTC last year and was called to the Bar. He does not have a
practising certificate. He works from time to time in a Legal Advice Centre. He also publishes
legal articles occasionally in Archbold News.

Which ONE of the following statements is WRONG?

[A] Tim is entitled to distribute business cards to Advice Centre clients in which he is
described as a "non-practising barrister".

[B] Tim is entitled to tell Advice Centre clients that he is a BTC graduate.

[C] Tim is entitled to describe himself in Archbold News as a barrister.

[D] Tim is entitled to tell people to whom he is not supplying legal services that he is a
barrister.

Answer A is the correct answer because it is wrong.

See the guidance "Unregistered Barristers – supplying legal services and holding
out" on the BSB website: all of the comments below are derived from that guidance. See
also 2/D4 specifically rC144. Also Part 3/B1 rS8 & 9, Part 6 provides definition of legal
service.

Answer [A] is wrong. If Tim has passed the BTC but does not have a practising certificate
he cannot hold himself out as barrister at all (not even as a "non-practising" barrister) when
in the course of supplying legal services (NB this applies to first six months pupils too). It
follows that [D] is right - Tim can tell acquaintances that he is a barrister provided he isn't
supplying them legal services.

He is entitled to tell anyone that he passed the BTC and holds that qualification - therefore
[B] is correct.

He is also entitled to describe himself as a barrister when teaching, writing articles, etc, as
these activities are excluded from the definition of "legal services" in CC1001 (see the
Guidance for a fuller list) therefore [C] is correct.

Question 6

Alice is instructed to attend the police station to advise Terry during his interview for an
offence of theft. She has completed the requisite training for police station interviews. There
is no representative of the solicitor's firm to attend with her. When she arrives at the police
station she is told that Terry has been seen by a divisional surgeon and has been certified as
fit for interview. Alice takes the view that Terry, a heroin addict, is clearly suffering
withdrawal symptoms and should not be interviewed. Acting on her advice Terry makes no
comment during the interview. He is later charged, but pleads not guilty when the matter
comes before the court.

Which ONE of the following statements is CORRECT?

[A] Alice was entitled to represent Terry at his interview.

[B] Alice was not entitled to represent Terry at his interview as there was no solicitor's
representative present.

[C] Alice was bound to represent Terry at his interview as the cab-rank rule always applies
to police station representation.

[D] If Alice is instructed to represent Terry at his trial she must accept those instructions as
she is bound to do so by the cab rank rule.

Answer: A

Part 3B1 rS6

Part 2C3 rC21.7 & gC70
Part 2C3 gC89
Answer [A] is correct - there is no prohibition on advising at police station interviews
providing counsel has completed the training and the cab rank rule does not apply to such
work, so counsel is not bound to accept it (2/C3 gC89).

Answer [B] is incorrect - it is not necessary for counsel to be accompanied by a solicitor if

counsel is authorised to conduct the work.

Answer [C] is incorrect for the reason already given- the cab rank rule does not apply to this
work.

Answer [D] is incorrect. Although the cab rank rule does apply in this scenario, Alice must
maintain her independence and cannot accept a brief unless she reasonably believes that
she witnessed nothing that might require her to give evidence (2/C21.10, gC73). Here
she may well have to give evidence as to Terry's physical state at the police station and why
she advised him to make no comment.

Question 7

Suleh has completed her first six months and is about to embark ‘on her feet’. She has not
had an easy relationship with her pupil supervisor and he has not given her permission to
supply legal services to the public. Which one of the following is correct?

[A] She cannot therefore practice and will have to wait until he does give permission.

[B] She can ignore him and practise anyway

[C] She can instead ask for permission from her Head of Chambers and if she gives it, Suleh
can practise

[D] She has to wait 28 days before applying again to her pupil supervisor for permission.

Answer - C

C is the correct answer. Part 3 B2 rS19 states that in those circumstances you need the
permission of your pupil supervisor OR Head of Chambers. For that reason (A) and (B) are
wrong and there is no foundation for the proposition in (D) anywhere in the handbook.

Question 8

Bill was called to the Bar in 2017, did his first six in one chambers and had spent the
following twelve months doing a second and third six in another set of chambers, Hogwarts
House. Hogwarts House have again said that they are postponing the tenancy decision but
have also said that Bill is welcome to stay and practice as a ‘squatter’.

Which ONE of the following is CORRECT?

[A] He does not need a practising certificate as he is not a tenant

[B] He is eligible for a full practising certificate

[C] He is eligible for a provisional practising certificate

[D] He must secure formal tenancy if he wants to stay practicing at the Bar.

Answer – B is the correct answer

The correct answer is B as set out in Part 3 C1 rS46. As Bill has completed twelve months
pupillage he is eligible for a full practising certificate.

(A) and (C) are wrong as he does not fall within the description of those who eligible for
those certificates in rS46.2 or .3 He would have had a provisional one during his periods
of second and third six pupillage. D is not correct as it is not true.

Question 9

Nick is a senior clerk in chambers. Chambers' premises are a few hundred metres away from
the Royal Courts of Justice on the Strand. He is concerned that some of the barristers in
chambers are asking him and the clerks' team to do work which might involve the barristers
concerned in unethical conduct.

Consider the following requests made by counsel to Nick's team of clerks. Assume that in
each case counsel is instructed by a professional client.

Which ONE of these requests could be contrary to the Code of Conduct and therefore
unethical?

[A] A request that a clerk goes to the High Court and issues proceedings.

[B] A request that a clerk goes to the High Court and lodges a skeleton argument which
counsel has prepared for an appeal hearing.

[C] A request that a clerk attends a hearing to fix a date for trial convenient to counsel.

[D] A request that a clerk makes representations to a Master as to the date of a hearing
convenient for counsel.

Answer: A

Part 3 B1 & 2 Scope of Practice rS20

Answer [A] is correct. It could be unethical for the clerk to issue proceedings. The clerk acts
on behalf of the barrister - not on behalf of the solicitor. It would depend on whether the
barrister is authorised to conduct litigation. Notwithstanding that a barrister is not entitled
to undertake the administration and general conduct of a lay client's affairs (3/B3 rS25),
he cannot require the clerk to do so on his behalf: he would be requiring the clerk to do the
solicitor's job.
With respect to the remaining answers the clerk is not doing the solicitor's job - he is acting
as an agent for counsel and not for the solicitor and the guidance makes it clear that there
is nothing wrong with any of the activities specified.

Question 10

Naomi is representing David, who is one of three defendants in an action for negligence.
Naomi's instructing solicitor instructs her to conduct written pre-trial correspondence on
David's behalf with the other parties to the action.

Which ONE of the following statements is CORRECT?

[A] Naomi is never allowed to conduct the correspondence as requested.

[B] Naomi may conduct the correspondence as requested, but she is not bound to do so as
such work is not subject to the cab-rank rule.

[C] Naomi is bound to conduct the correspondence as requested as such work is covered by
the cab-rank rule.

[D] If Naomi does conduct the correspondence as requested she should inform the other
parties that any replies should be sent to her instructing solicitor and not to her.

Answer: B

3/B2
2/C2 gC24
2/C3 rC21.7 & gC70
2/C3 gC89

Answer [A] is wrong - Naomi can conduct correspondence if she is authorised to conduct
litigation.

Answer [B] is correct – gC89 states the cab rank rule does not apply if the brief requires
you to conduct litigation where this is not your normal work, or the barrister is not
authorised to undertake such work.

It follows that answer [C] is wrong.

Answer [D] is wrong - If the barrister is conducting the correspondence it's important there
should be no confusion: answers should be directed to her and no one else. She will then
keep the solicitor and client informed of any responses received.
UNSEEN MCQs

Question 1

You are counsel for the defendant in Crown Court proceedings. On day 2 of the evidence,
prosecution counsel turns up to court smelling of alcohol. They are slurring their words and
drifting with their examination in chief of some of the witnesses. What should you do?

[A] You should discuss your concerns with prosecution counsel in private and threaten to
report them to the BSB if they do not sober up promptly, otherwise you will raise it in front
of the judge and jury.

[B] You should report prosecution counsel to the BSB

[C] You should raise the issue with the judge during the hearing

[D] You should ask to speak with the judge in chambers without prosecution counsel
present to discuss your concerns.

Answer - B.

You have reasonable grounds to suspect that serious misconduct has occurred. gC96.7
makes it clear that being under the influence of alcohol in court is an example of serious
misconduct. You should never use the threat of reporting to gain advantage rC67– if
grounds exist you should report rC66.
You should not raise the issue in public as it may compromise CD5 given that this is a jury
trial and is in a public forum.
You should not discuss any matter unilaterally in private with the judge as this could
compromise the impartiality of the proceedings and provide grounds for a mistrial.

Question 2

You are instructed for the Claimant in a claim against Eloise, a litigant in person. During an
adjournment, whilst in the lift with her partner she (unaware that you are there) discloses
that she snuck some papers out of court which ‘belong to the other side’. You weren’t aware
that any of your papers were missing. What should you do?

[A] Report her to the BSB as she has wrongly come into possession of confidential material
which constitutes ‘serious misconduct’.

[B] Confront her about it immediately and demand the papers back.

[C] Check if confidential papers are missing from your bundle and if so, raise it with the
judge when the hearing resumes.

[D] Check if confidential papers are missing from your bundle and challenge her on it in
cross examination.

Answer - C
The BSB reporting requirement only applies to BSB regulated entities. As a litigant in person
this does not include the defendant and so A is incorrect.
B is possible but bearing in mind you are in a public forum and do not have any
confirmation that papers of yours are missing this would be ill advised and may look bad for
the profession (CD5).
C is correct because it is possible that what has been removed from the court may not in
fact be your documents but duplicated unmarked copies of witness statements for example.
Checking first what is missing will allow you to make an assessment of whether it is
important enough to be raised or not.

If confidential material has been taken you will need to raise this with the judge at the
resumed hearing. Depending on the significance of what has been taken there are many
different ways this could be broached.
If not particularly sensitive, you could in court simply ask for the judge to direct the return
of information which you aware may have come into the defendant’s possession
If it is highly sensitive material or D denies having the material this is problematic as it is
now in your clients best interests for you to disclose the full extent of the allegation. This
would lead to you needing to withdraw.
D is incorrect because by raising it in cross examination you become a witness in the case,
and in addition this is not an argument relevant to the claim.

Question 3

You have recently completed your BTC and are awaiting your results. You plan to take up an
internship with the International Criminal Court and are in the process of making your
application. When filling out the forms, you notice that the options you are given as to your
standing are listed as below. Which one is the correct statement?

[A] Barrister

[B] Junior Barrister

[C] Pupil Barrister

[D] Law Student

Answer - D

Whilst it is not an ideal description of your status, you have not yet got confirmation that
you have successfully completed your BTC and so are not a graduate or been Called to the
Bar, such that you can call yourself a barrister.
You are applying for a role within the legal sector and so would need to be clear (even after
receiving your results) that you had not completed the vocational component of your
training. Part 3 – B1
A junior barrister is the name given to practising counsel (holding practising certificates)
who have not yet taken silk hence (b) is incorrect.
A Pupil barrister is a barrister with pupillage (who may be in their first or second six) so this
is not applicable.
FYI: If in their second six they will have a provisional practising certificate and rights of
audience. If in their first six they will not hold a practising certificate but will be covered by
the insurance of their pupil supervisor to conduct certain pieces of work.

Question 4

Which of the following duties would you be able to discharge without a Litigation extension
to your practising certificate?

[A] Filing an acknowledgement of proceedings;

[B] Drafting a claim form

[C] Giving chamber’s address for service of documents;

[D] Issuing notices of appeal

Answer - B

You are entitled to draft a claim form on behalf of the Claimant and so B is the correct
answer.

Conducting Litigation Guidance para 5: The BSB’s view is that the following fall within
the definition of the conduct of litigation, and therefore a barrister should refuse to do them
if they are not authorised to conduct litigation:
 issuing proceedings or applications (beginning court proceedings by filing
details of the claim, such as the Claim Form and Particulars of Claim, at
court, or making an application for a court order);
 filing an acknowledgement of proceedings;
 giving their address as the address for service of documents;
 filing documents at court or serving documents on another party;
 issuing notices of appeal (informing the court and the other side that the
unsuccessful party seeks a review of the case);
 signing off on a list of disclosure (so that all parties know of all documents
which have a bearing on the case);

Question 5

Mary is counsel for the defendant in a dangerous driving trial involving a famous footballer.
The defendant has pleaded not guilty, however new police disclosure reveals that an
unknown group of people were present at the scene of the accident and would in all
likelihood be able to assist. This information is leaked to the press and on the way out of
court you are asked to comment on it. What are you able to do?

[A] You could make an appeal for witnesses to come forward if you considered it was in the
best interests of your client and had instructions to do so.

[B] You should not under any circumstances make any comment on potential witnesses to
the media.
[C] You should not make any media comment on the case because irrespective of your
instructions it would breach your duty of confidentiality to the client to do so

[D] You could give a statement to the media about the evidence that the witnesses could be
expected to give and ask any witnesses to come forward.

Answer - A

You can make an appeal for witnesses if you consider it in the best interests of your client
to do so.
B is incorrect as there may be situations in which it is in the best interests of the client to
make media comment (CD2) and there is no prohibition on media comment.
C is incorrect as media comment will not always involve giving away information which is
confidential; asking for witnesses to come forward does not involve disseminating any
confidential material.
D is incorrect as although there is nothing wrong with asking witnesses to come forward,
setting out what their evidence would be likely to reveal would be unethical in that it could
constitute coaching and therefore a be breach of rC9, not to mention compromise the
honesty and integrity of counsel (CD3)