UWE, Bristol Law School The Bar Training Course

PROFESSIONAL ETHICS COURSE OUTLINE

Introduction

The Professional Ethics course takes place in terms 1 and 2. During the course you will be
required to undertake a practice assessment and a final assessment. Only the final
assessment will count towards your final overall grade. Both of these assessments are
internally centrally set.

There will be five substantive small group sessions as part of the course as well as an
introductory lecture and a final session for revision and consolidation.

All sessions will aim to give you a detailed understanding of the requirements of the Code of
Conduct and of the fundamental concepts of professional and ethical values and required of
a practicing barrister in England and Wales.

During all SGSs you will always be expected to prepare fully and contribute to class
discussions.

Students will be able to access all materials and additional LGS materials on Blackboard
online.

Course Content and Learning Outcomes

At the end of the vocational component of training, a student should be able to demonstrate
the learning outcomes below.

Professional Statement:
1.1
a) Thoroughly recall and comprehend the Core Duties and their interrelationship.
b) Ensure that their conduct consistently justifies their clients’ and colleagues’ trust in them
and the public’s trust in the profession by:
i. applying the Core Duties and in particular their paramount duty to the court in the
administration of justice;
ii. complying with regulatory requirements set down by the Bar Standards Board,
including the Code of Conduct [1.16]; and
iii. demonstrating a thorough comprehension of the Professional Statement for
Barristers.

1.16
a) Identify the most recent Code of Conduct and other applicable rules and regulations
relevant to their practice and the conduct of any matters they are dealing with.
b) Recognise potential ethical situations and identify ethical issues.
c) Be aware of and make effective use of relevant guidance, advice and support regarding
ethical issues.
d) Behave ethically and consistently act in accordance with the Code of Conduct and other
applicable rules and regulations.

1.17
a) Use the required dress, accepted forms of address, observe formalities of proceedings
and follow established conventions and customs in each forum where they represent clients.

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1.18
a) Recognise and operate within the limits of their competence.
b) Explain clearly the limits of their competence and knowledge to relevant others.
d) Make an informed judgement on the level of knowledge, skills and attributes required in a
particular case.
e) Decline to act where the Code of Conduct requires them to do so.

2.1
a) Identify situations where their integrity and/or independence may be put at risk.
b) Act with integrity including:
i. Identifying and avoiding personal bias;
ii. Maintaining their independence from external pressures; and
iii. Identifying potential conflicts of interest, being open about conflicts of interest,
declaring conflicts of interest formally and being prepared to exclude themselves
from acting.
c) Uphold the reputation of the Bar and observe their duty to the court in the administration
of justice [1.1].
d) Comply with regulatory requirements set down by the Bar Standards Board, including the
Code of Conduct [1.16].
e) Take responsibility for their actions and decisions.

2.2
a) Comply with regulatory requirements set down by the Bar Standards Board, including the
Code of Conduct [1.16].
b) Ensure that they are honest about the limits of their knowledge, their experience,
qualifications and professional status.
c) Ensure that to the best of their knowledge and belief any information they give is
accurate, true and not likely to mislead.

2.3
a) Actively observe and uphold the law on equality, diversity and discrimination.
b) Be alert to the potential for unconscious bias.

2.5
c) Identify their errors of judgement, omissions and mistakes and take appropriate action.

3.1
a) Provide a competent standard of work and service to each client [CD7].
b) Identify the client’s best interests in accordance with the client’s lawful instructions.
c) Recognise and evaluate any conflict between the client’s best interests and their duty to
the court, their obligation to act with honesty and integrity and to maintain their
independence.
d) Ensure that subject to c) above they do not act contrary to the client’s lawful instructions.

3.3
b) Provide information in a way that others can understand taking into account their
personal circumstances and any particular vulnerability.
c) Recognise and respond effectively to others’ particular needs, objectives, priorities and
constraints.
d) Recognise and take reasonable steps to meet the particular needs of clients including
those who are disabled or vulnerable.

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3.4
a) Demonstrate suitable professional practice, politeness and respect in communications and
personal interactions with others.

Other:
• Further to 1.16 above, students must be aware of their obligations relating to data
protection.
• Further to 1.16 above, students must have an understanding of the scope of practice of a
barrister, and the implications of being a self-employed and employed barrister.

Subject Integration:

Although professional ethics is assessed as a discrete subject, it should not be thought of as

such. Ethical issues pervade the entire working life of a barrister and therefore pervades
the entire BTC. You will find in most other subjects on the BTC, ethical issues do arise and
are embedded in questions in knowledge areas, or scenarios in skills subjects. This is
designed to assist you in identifying ethical issues that may occur in practice.

The Syllabus and Teaching of Professional Ethics:

The syllabus for Professional Ethics is very wide. Every effort has been made in constructing
the course to ensure that you cover the majority of the subjects contained in the syllabus.
However, it is not possible to consider every topic on the syllabus in large or small group
sessions, or by way of multiple choice questions. The final responsibility for ensuring you
have a good understanding of the full range of subjects on the syllabus is yours.

Professional Ethics is largely taught by way of small group sessions. These sessions consist
of class discussions with your tutor and colleagues. You will find the materials for all the
sessions online on Blackboard. You will see that each session plan sets out required reading
and preparation that you are required to undertake in advance of the session. It is essential
that you complete the preparation and answer all the questions fully before attending the
small group session.

When answering the SAQ’s you will need to consider all the rules and obligations that apply
and then come to a reasoned decision, remembering to apply the rules to the factual
scenario. The questions will then be discussed in detail in class.

Assessment Mode:

The final assessment will be a closed book examination of two hours’ duration comprising 30
MCQ’s. The pass mark for the paper is 60% overall.

The practice assessment will take the same form as the final assessment. It is intended to
be a formative exercise which you will self mark. There will be an opportunity to raise any
questions regarding the assessment with your tutor.

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UWE, Bristol Law School The Bar Training Course

Materials

You will be able to order a copy of the BTC manual ‘Professional Ethics’ which contains the
relevant extracts of the Code of Conduct along with narrative on the Code and additional
information.

You will also be able to access the recorded presentations online on Blackboard, and you will
find links to the Handbook and guidance on blackboard.

You should also ensure you are familiar with the BSB website, where you will find the most
up-to-date version of the Code, along with additional guidance on specific ethical issues.

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