Bar Training Course (BTC) Conference Skills and Client Care Syllabus

Distinguish 'advice on the law' from 'advice on the merits'.

Advice on the law explains the relevant legal rules, tests and principles that apply. Advice on the merits applies that law to the client's facts and evidence to assess the likelihood of success and the realistic outcomes.

What does properly 'advising on risk' require a barrister to cover?

Identify the litigation risks (loss, adverse findings, evidential weaknesses), the likelihood of each, the potential consequences (financial and non-financial), and present them honestly so the client can make an informed decision — never guaranteeing an outcome.

Why must a barrister advise on costs and the costs risk, and what does this include?

Because costs critically affect the client's decision to litigate or settle. It includes own legal costs, the risk of paying the opponent's costs if unsuccessful (costs follow the event), the proportionality of costs to the value/benefit, and funding options.

What is the general rule on costs in civil litigation that clients must be advised about?

The general rule is that 'costs follow the event' — the unsuccessful party usually pays the successful party's costs — though the court has discretion to order otherwise (CPR Part 44).

When advising on options, what should the barrister present and leave to the client?

The barrister sets out the realistic options (e.g. proceed, settle/negotiate, ADR, withdraw), with the pros, cons, risks and likely costs of each, and a clear recommendation; the final decision on which option to take rests with the client.

What forms of ADR might a barrister advise a client to consider, and why?

Negotiation, mediation, arbitration, early neutral evaluation and conciliation — because they can be cheaper, quicker and less risky than trial, preserve relationships, and because courts expect parties to consider ADR (unreasonable refusal may carry costs consequences).

What should the 'plan of action / next steps' agreed at the end of a conference contain?

A clear, prioritised list of who will do what and by when — e.g. documents the client must gather, witnesses to trace, decisions the client must make, the barrister's next task (advice/pleadings), and key deadlines — confirmed and understood by the client.

Why should advice and next steps be confirmed in writing after a conference?

To provide the client with an accurate record they can reflect on, to avoid misunderstanding, to evidence what was advised and agreed if a dispute or complaint arises, and to comply with the duty to act in the client's best interests.

List four techniques for managing a distressed or upset client in a conference.

Acknowledge and validate their feelings ('I can see this is very difficult'); allow them time and pauses; use a calm, empathetic tone; offer a break or water; slow the pace; and avoid being dismissive — while still gently steering back to the issues.

How should a barrister deal with an angry or aggressive client while maintaining professionalism?

Stay calm and non-defensive, listen and let them vent, acknowledge their frustration, do not argue or take it personally, set clear boundaries on acceptable behaviour, refocus on the problem, and if necessary explain that the conference cannot continue if abuse persists.

How should a barrister handle a client who appears to be lying or giving inconsistent instructions?

Probe gently and non-judgementally to explore inconsistencies, point out the evidence/contradictions, explain the consequences of an unsupported account, and advise honestly. A barrister must not coach a client to lie or knowingly mislead the court.

Can a barrister continue to act if a client insists on giving evidence the barrister knows to be untrue?

The barrister must not call evidence or make assertions they know to be false. If the client insists on lying to the court, the barrister cannot be a party to that and may have to cease to act, but must not breach client confidentiality in doing so.

What is the difference between 'confidentiality' and 'legal professional privilege'?

Confidentiality is the professional and contractual duty not to disclose a client's information without authority. Legal professional privilege is a substantive legal right that protects certain communications from being disclosed to third parties or the court, even under compulsion.

Name and define the two limbs of legal professional privilege.

(1) Legal advice privilege — confidential communications between lawyer and client for the purpose of giving or receiving legal advice; (2) Litigation privilege — confidential communications between lawyer/client and third parties where the dominant purpose is pending or contemplated litigation.

What is the 'dominant purpose' test and which limb of privilege does it apply to?

It asks whether the dominant (main) purpose of a communication or document was litigation that was pending, reasonably contemplated or existing. It is the key requirement for litigation privilege (and now also applied to legal advice privilege regarding the purpose of obtaining legal advice).

What is the 'iniquity' (crime/fraud) exception to legal professional privilege?

Privilege does not attach to communications made in furtherance of a crime or fraud (or other iniquity). Advice sought to facilitate wrongdoing is not protected, even if the lawyer is unaware of the client's purpose.

In a conference, why should the barrister be cautious about who is present in the room?

Because the presence of a third party who is not the client (or not within the lawyer-client relationship) may waive or destroy confidentiality and privilege over what is discussed, exposing the communications to disclosure.

Define a 'conflict of interest' in the professional context for a barrister.

A conflict of interest arises where a barrister's duty to one client conflicts with their duty to another client (or former client), or where the barrister's own interest conflicts with their duty to a client, such that they cannot act in the best interests of each.

Distinguish a 'client conflict' from an 'own interest conflict'.

A client conflict is between the interests of two or more current/former clients (e.g. acting for co-defendants with divergent defences). An own interest conflict is between the barrister's personal interest and a client's interest (e.g. financial interest, personal relationship).

What must a barrister do if a conflict of interest arises or is identified during a conference?

Generally the barrister must not act, or must cease to act, for one or both clients, unless the situation falls within a permitted exception and informed consent is given. They must protect each client's confidential information and not allow it to prejudice another client.

Under the 'cab-rank rule', when must a barrister accept instructions, and what are key exceptions?

A self-employed barrister must accept instructions in their field, at a proper fee, for any client (the cab-rank rule), regardless of the client's identity or the nature of the case. Exceptions include lack of competence/availability, a conflict of interest, or insufficient/no proper fee.

Describe the 'instructions model' for the traditional referral (solicitor-instructing) relationship.

The lay client instructs a solicitor (the 'professional client'/intermediary), who in turn instructs the barrister. The barrister's instructions come through the solicitor, who handles the conduct of litigation and client management; the barrister provides specialist advocacy and advice.

Distinguish the 'lay client' from the 'professional client'.

The lay client is the actual person or organisation whose case it is (the end client). The professional client is the solicitor (or other authorised intermediary) who instructs the barrister on the lay client's behalf in the traditional referral model.

In a conference attended by both solicitor and lay client, what is good practice for the barrister?

Address advice primarily to the lay client in accessible terms while respecting the solicitor's role, use the solicitor's knowledge of the case and client, clarify who is to take which action steps, and ensure both understand and agree the plan of action.

What is 'public access' (direct access) work for a barrister?

Public access allows a member of the public (lay client) to instruct a barrister directly, without going through a solicitor, for certain types of work, provided the barrister is authorised (has completed public access training) and the work is suitable for direct instruction.

What additional responsibilities does a barrister assume when acting on a public access basis?

They take on tasks normally done by the solicitor — assessing suitability for public access, identifying the client, anti-money-laundering checks, managing client care and complaints, keeping records/correspondence, handling documents and fees — while not conducting litigation unless separately authorised.

When should a barrister decline or stop public access work and advise instructing a solicitor instead?

When the case is not suitable for public access — e.g. it is too complex, requires extensive investigation or conduct of litigation, the client cannot manage the parts a solicitor would handle, or it would not be in the client's best interests to proceed without a solicitor.

What client care matters must a public access barrister confirm to the client at the outset, usually in writing?

The terms of work and fees/basis of charging, the scope of what the barrister will and will not do (e.g. that they will not conduct litigation unless authorised), the complaints procedure and right to complain to the Legal Ombudsman, and confirmation of the client's identity.

Why must a public access barrister carry out client identification and anti-money-laundering style checks?

Because, without a solicitor to do so, the barrister must verify who they are acting for, guard against being used to facilitate fraud or money laundering, and meet their regulatory and professional obligations when accepting direct instructions.

At the close of a conference, what 'checks' confirm it has been effective?

Confirm the client's objectives have been addressed, the client understands the advice (ask them to summarise), all questions have been answered, the agreed action plan and deadlines are clear and recorded, the client knows what happens next, and accurate notes have been made.