Ethics MCQs Past Paper PDF

lOMoARcPSD|41137173 Ethics- Question Bank Bar Professional Course (University of London) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 PROFESSIONAL ETHICS BANK OF QUESTIONS QUESTION 1. You act for David Levy. He alleges that his neighbour, Iftikhar Hussein, plays loud music late at night and that when he complained about the noise, Mr. Hussein threatened him. Mr. Levy now seeks an injunction against Mr. Hussein, to prevent the music being played loud and late and to prevent any assault. You meet Mr. Levy at court for the injunction hearing. Mr. Levy tells you that he thinks that Mr. Hussein may have been involved in painting anti-Jewish gra昀케ti on the local synagogue. Which one of the following is the best advice to give Mr Levy with regard to this allegation? [A] You agree to tell the judge about his suspicions. It is important that all the evidence should be placed before the court. [B] You explain to Mr Levy that you can no longer represent him as he appears to be prejudiced against Muslims. [C] You explain to Mr Levy that you don’t propose to make any reference to the gra昀케ti on the synagogue as, even if it is true, the allegation is not relevant to the current application. [D] You tell Mr Levy that, although you will not mention his suspicion to the court, you will pass on the information to the local police. QUESTION 2. You are instructed to represent Hayden Milner in her claim alleging professional negligence against her former 昀椀nancial adviser Barker Sloane. The claim alleges that Sloane gave negligent advice to Miss Milner about her investments. Immediately before the trial starts, you are speaking to Miss Milner outside court. Miss Milner produces a printout of an email which you have not previously seen. The email, from Sloane to Miss Milner, suggests that Miss Milner urged Sloane to proceed with certain investments, although Sloane had previously warned her that they were high risk. The investments subsequently lost money. Your solicitor suggests that someone at Sloane must have inadvertently deleted the email. Then Miss Milner and your solicitor point out that, as the email helps Sloane’s case, it was up to them to disclose it. Miss Milner also reminds you that, at the start of your conference, you had said that everything that passed between her and you were con昀椀dential. Which one of the following propositions best describes the situation and your recommended course of action? Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [A] You don’t need to do anything. It is up to the other side to look after their own a昀昀airs and to disclose those documents they think are helpful to their case. [B] In principle, the document should have been disclosed. But it is too late to disclose it now as witness statements and exhibits have already been drafted and lodged with the court. [C] The email should be disclosed now. You should make a copy to hand to the otherside. [D] You do have a duty to disclose material which is helpful to the other side’s case, but your assurance about client con昀椀dentiality must take priority, so the email should not be shown to the court. QUESTION 3. Your client, Hector, is due to be tried in the magistrates’ court on two charges – burglary and theft of a car. The allegation is that he ‘ram- raided’ a shop selling cigarettes and alcohol, using a stolen car. His 昀椀ngerprints have been found on the steering wheel of the car which was abandoned at the scene. When interviewed under caution, Hector told the police that he knew nothing about the burglary or the car. He pleaded not guilty to the charges in court. In your pre-trial conference, Hector tells you the following: (i) He is innocent. (ii) The car belongs to his girlfriend. He drove her to a supermarket in the car on the day of the burglary, hence his 昀椀ngerprints are on the steering wheel. (iii) Later that day, the car was stolen from outside his girlfriend’s house while he was inside the house with her. (iv) He is married, his wife does not know about the relationship with the girlfriend and he does not want his wife to know about it. (v) He does not want to reveal any of this in court so he now wants to change his plea to guilty. Which one of the following propositions best describes what should happen now? [A] You cannot allow Hector to change his plea to guilty because you know he did not commit the crime. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [B] You cannot stop him from changing his plea to guilty but you can advise Hector to maintain his plea of not guilty and explore with him any steps that might be taken to enable him to maintain the plea of not guilty in accordance with his instructions that he is innocent. [C] You cannot allow Hector to change his plea to guilty because this will amount to misleading the court and you will be misleading the court when you present his plea in mitigation on the basis that he committed the crime. [D] You are professionally embarrassed and must withdraw from the case. QUESTION 4. You are instructed to appear at the magistrates’ court to represent a client during a trial. Which of the following modes of address would you not expect to use? [A] Madam [B] Your Honour [C] Your worships [D] Judge QUESTION 5. Jimmy was arrested by the police for suspected involvement in an alleged theft. Acting properly on instructions, you attended Greenacre police station and advised Jimmy on the conduct and handling of the police interview which then took place. You have been instructed to appear as defence counsel for Jimmy at trial. Can you accept the instructions and represent Jimmy? [A] Yes, as long as you reasonably believe that nothing was said, done, heard or seen by you at the police station which might require you to give evidence in the proceedings. [B] Yes, because judicial proceedings are completely di昀昀erent from what happens in a police station. [C] Yes, because you reasonably believe that any contested point arising from what was said, done or heard at the police station would only be minor in the context of the case as a whole. [D] No, because your involvement at the police station means that you must not act on Jimmy’s behalf in any court proceedings based on the o昀昀ence for which Jimmy was being detained. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 QUESTION 6. Your clerk tells you that you are to be instructed in a large and highly sensitive commercial case involving the sale of shares by UHL to BTP. You represent UHL. You spend three days reading through the voluminous papers on behalf of UHL. On the fourth day you are due to go to court for the 昀椀rst interim hearing in the case. As you leave your 昀氀at you notice an envelope on the door mat. Your father died recently and the letter appears to be from his stock broker concerning a number of shares you will soon inherit. You glance quickly at the list of assets and note that it includes 1,300 shares worth £10 each in BTP. It is now 8.30am. You are 45 minutes from the High Court and the hearing is due to start at 10am. Which one of the following propositions is correct? [A] You should call your clerk immediately and state that you can no longer act in the case and do not intend to go to court because you have a signi昀椀cant pecuniary interest in the outcome. [B] You should attend court and represent your client. Probate has not yet been granted so you are not yet the legal owner of the BTP shares. Therefore, there is no problem. [C] You should attend court and represent your client. As a barrister you are able to keep your private a昀昀airs entirely separate from your professional a昀昀airs. [D] You should attend court and inform your client, the judge and the other side that you will have to withdraw from the case because you have a signi昀椀cant pecuniary interest in the outcome. QUESTION 7. Fatima is a new tenant in Descant Chambers. She was called two years ago. She has been briefed to represent the applicant wife in a substantial claim for 昀椀nancial remedies after divorce. Fatima has recently completed a family pupillage in one of the top family sets. During the pupillage she frequently attended court with her pupil supervisor on matrimonial property claims and also drafted documents, which her supervisor used, for the hearings. She has been briefed in a number of private law children matters and domestic violence injunctions but she has never done any 昀椀nancial work of her own. The papers in the current case are voluminous but having read the papers she is con昀椀dent that the case is within her capability. She has been told the name of the barrister for the other side, checks his website and discovers that he is a leading junior and was called in 1998. She mentions this to one of her more experienced colleagues, Robert, who advises her to return the case as it sounds very complicated and the client probably needs a more experienced barrister. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Which one of the following propositions is correct? [A] Fatima should not accept the papers because the barrister on the other side is more than 10 years’ call. [B] Fatima should not accept the papers because it is wrong to take on any 昀椀nancial work before she has at least 昀椀ve years’ experience. [C] Fatima should accept the brief because she is personally con昀椀dent of her ability to do the work. [D] Fatima can accept the brief as she has agreed to call Robert from court before she makes any major decisions on her client’s behalf. QUESTION 8. You are a pupil in your ‘昀椀rst six’ months of pupillage at Hercules Chambers, a leading technology and construction set. You have recently had a new extension built on your home and you are very unhappy with the quality of work. There is a list of items you wish to have remedied. The builder has been dealing with your partner and he does not know that you are a barrister. You decide to write a polite letter to the builder on your chambers’ headed notepaper, setting out the legal position with regard to the work on your house. Which one of the following propositions applies to your plan? [A] You should not use your chambers’ headed notepaper. [B] You can use your chambers’ headed notepaper but you should ensure that you describe yourself as a ‘pupil barrister’. [C] You can use your chambers’ headed notepaper and describe yourself as a barrister in the letter. [D] As you are a barrister specialising in the area, it would be wrong for you to write to the builder at all. QUESTION 9. When conducting a client conference, when should you tell a client the maximum sentence that could possibly be imposed? [A] Never. It would only serve to scare the client when a barrister should put the client at their ease. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [B] In every case, to ensure that the client is fully informed. [C] Only in cases when the maximum sentence could realistically be imposed. [D] Only if the client asks. QUESTION 10. You are instructed in a Chancery matter in which your lay client, a charity, alleges a breach of 昀椀duciary duty by one of the trustees. You believe the charity has a reasonably strong case and that the defendant trustee has been reckless in his administration of the trust. Hundreds of thousands of pounds have gone missing, and it has been impossible to trace the lost funds. Following a conference with the chairman of the board of the charity, you have been instructed by the solicitor to draft the chairman’s witness statement. To assist you, your solicitor has sent their clerk’s transcript of the conference, which includes the following passage ‘Hundreds of thousands are missing. That money was intended for blind children in some of the poorest countries in the world. Instead, it’s lining the pockets of the bloody defendant. If that’s not fraud I don’t know what is.’ Which one of these propositions is correct? [A] A witness statement should be written as far as possible in the client’s own words. You can leave out the word ‘bloody’ as it adds nothing to the meaning. Everything else in the clerk’s transcript should go into the witness statement. [B] You should not include the reference to fraud, but the rest of the passage from the clerk’s transcript can be included in the witness statement. [C] You should not make any reference to fraud or the suggestion that the money is lining the defendant’s pockets as neither of these points is arguable. [D] You should include the whole passage from the clerk’s transcript because a witness statement should contain all the evidence which a witness could reasonably be expected to give. QUESTION 11. You are a new tenant in chambers. You have just been sent instructions by solicitors in a publicly-funded criminal case. They want you to draft and settle a defence statement on behalf of the accused, to be served on the prosecution and the Crown Court, where the case is due to be tried. You ask your clerk if you will be instructed to represent the accused at his trial Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 and she tells you that the trial brief will go to a much more senior member of chambers. The current scheme of graduated fees does not allow counsel to be paid a separate fee for work on a defence statement. You realise that this means that you will not be paid for any work that you do on the defence statement. Which one of the following propositions is correct? [A] As a new tenant, you are obliged to do any work that your clerk tells you to do and so you must draft and settle the defence statement. [B] Because the trial brief for the defence will come to your Chambers, you are obliged to do this work and so must draft and settle the defence statement. [C] Because you are not going to be paid for any work on the defence statement, you are entitled to refuse these instructions. [D] If you draft and settle the defence statement, the instructing solicitors are obliged to instruct you to represent the defence at the trial. QUESTION 12. John is a tenant of four years’ call in a chambers specialising in landlord and tenant law. Instructing solicitors wish to instruct John in a case which is due to be heard on Friday afternoon. John’s diary is already full and he will not have time to prepare the case until Friday morning. However, the case is straightforward and John will have adequate time to ensure that he is su昀케ciently prepared for the hearing by working on Friday morning, assuming that he starts at 9am and works up until lunchtime. Instructing solicitors tell the clerks that the client is very nervous about the hearing and really would like to meet John. John will only be able to do so at court shortly before the hearing starts. What best re昀氀ects the position about whether John should accept the brief? [A] Yes, because the cab-rank rule applies. [B] Yes, because John will have su昀케cient time to prepare the brief. [C] Yes, because John will have time to meet the client, albeit brie昀氀y, at court. [D] No, because John will not have ample time to meet the client prior to the hearing. QUESTION 13. Sally is a barrister, and a huge fan of Formula 1 motor racing. Sally has a ticket which allows her VIP treatment and pit-lane access to the Grand Prix in Bahrain. Sadly, Sally can no longer attend. At a Chambers drinks party, Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Mr Crook, a solicitor who instructs some other members of her chambers, drops heavy hints that he would really like to go. What of the following propositions best re昀氀ects the ethical considerations that Sally should consider? [A] Whether Sally reasonably considers that her independence would be compromised by giving the ticket to Mr Crook. [B] Whether others would reasonably consider that Sally’s independence would be compromised by giving the ticket to Mr Crook. [C] Sally may give the ticket to Mr Crook as long as she keeps a clear record of the gift. [D] Whether other members of Chambers who are already instructed by Mr Crook approve of her giving Mr Crook the ticket. QUESTION 14. You are instructed to represent Alan Twist, the defendant in a case in the magistrates’ court, on a plea in mitigation. At his previous court appearance (when he was represented by a di昀昀erent barrister), Mr Twist was convicted and the sentence was adjourned to today so that a pre- sentence report could be prepared. In the pre- sentence report Mr Twist is described as employed and the sole provider for his girlfriend and child. At court, you visit Mr Twist in the cells and he asks you to make sure that ‘my friend Julia’ is in the courtroom. Later, you meet a woman who introduces herself as ‘Julia’; she tells you that ‘on the bright side, if Alan goes to jail it’ll stop him sitting on my sofa all day and sponging o昀昀 me’. You return to the cells and ask Mr Twist whether in fact Julia is the provider and that Mr Twist is in fact unemployed. He con昀椀rms everything but refuses to let you tell the court, because he wants to look to the magistrates as if he has a lot to lose. In court the magistrates ask you whether there is anything that you would like to say about the content of the pre-sentence report. Which one of the following propositions is correct? [A] You must correct the position in the pre-sentence report despite your instructions because you owe a duty to the court in the administration of justice. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [B] You should tell the magistrates’ that you have nothing to say about the content of the pre-sentence report (because of your duty of con昀椀dentiality), and then continue with your plea in mitigation as instructed in line with your duty to act in the best interests of your client. [C] You must withdraw from the case. Having done so you may then correct the position with regards to the content of the pre-sentence report. [D] You must withdraw from the case. Having done so you cannot correct the position with regards to the content of the pre-sentence report. QUESTION 15. You appear before court 8 of the local Crown Court. Your case comes to an end and you sit down. Another case is called on. The judge remains sitting on the bench reading case papers and paying no attention to you. The advocates for the next case are not in the courtroom. You have another case starting shortly in court 6. What best re昀氀ects what you should do? [A] Remain seated until the advocates for the next case arrive. [B] Politely interrupt the judge and ask for permission to leave. [C] Leave the courtroom so that you may start the case in court 6 on time, bowing as you leave. [D] Leave the courtroom without bowing because the judge is immersed in his papers and will not notice the gesture. QUESTION 16. You conclude cross-examination of a witness at 4pm on Thursday in a case that is due to conclude on Friday afternoon. Just before your closing speech at lunchtime on Friday you realise there are two points you could have put to the witness in cross examination. The points suggest that the witness might be lying in their evidence to the court and therefore may be helpful in painting an overall picture for the court. However, you do not consider the points to be central to the case. You don’t think the judge was very attentive during the evidence. Which of the following propositions best re昀氀ects what you should do to ful昀椀l your ethical obligations? [A] Raise the points in your closing speech in the best interest of your client, but acknowledge that the weight to be attached the point is diminished by the absence of cross-examination. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [B] Raise the points in your closing speech without any acknowledgment that the weight might be diminished by the absence of cross-examination, in the best interests of the client. [C] Do not raise the points in your closing speech and focus on the evidence that has been elicited. [D] Apply to recall the witness and re-open your cross-examination. QUESTION 17. You represent Consuela, a defendant who is due to be sentenced for domestic burglary. Before going into court, the prosecutor serves on you a document setting out a record of Consuela’s previous convictions. This lists just one conviction which was for domestic burglary committed two years ago. You see Consuela in conference, and you ask her to con昀椀rm that this is a conviction properly recorded against her. She replies that it is but she then tells you that two weeks ago she was also convicted of domestic burglary, in a di昀昀erent court. You are aware that, under statute, for a ‘third strike’ domestic burglary the defendant is liable to a minimum sentence of three years’ imprisonment. Consuela is adamant that you cannot disclose the second conviction to the court. Must you now disclose the second burglary conviction to the magistrates? [A] Yes, regardless of whether Consuela permits you to do so to ensure that the court passes the appropriate sentence. [B] Yes, but only if Consuela changes her mind and permits you to disclose the conviction. [C] No, as long as you do not say anything in your plea in mitigation which may mislead the court, either knowingly or recklessly. [D] No, because you owe a duty to act in the best interests of your client. QUESTION 18. You are about to undertake your 昀椀rst criminal defence trial during your second six. Your pupil supervisor gives you four pieces of advice about questioning the client in conference. Which piece of advice is correct? [A] You should not develop a case theory in advance of the conference, to avoid con昀椀rmation bias. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [B] You should not refer your client to speci昀椀cs in the papers, to avoid accusations of witness coaching. [C] When questioning your client about the facts, you should not draw your client’s attention to your theory of any defences that might help your client, to avoid accusations of witness coaching. D] You should not be structured in your questioning and instead should let your client take control of telling their story, to put the client at their ease. QUESTION 19. You are a second six pupil and you are instructed for the claimant in a road tra昀케c collision case. When you arrive at court, counsel for the defendant, who is a tenant in your chambers of four years call, comes storming up to you. You have not met her before, because she usually works from an annex of chambers in a di昀昀erent town. She tells you that, if you don’t get your client to settle the case, she will report you to the Bar Standards Board for misconduct. You take your phone out of your pocket. Who, from the following, might you not call immediately? [A] The Bar Council Ethical Enquiries Helpline. [B] Your head of chambers. [C] The BSB to 昀椀le a complaint against counsel for the defendant. [D] Your pupil supervisor. QUESTION 20. An unregistered barrister can provide any legal services that are not reserved legal activities. Which one of the following activities is a reserved legal activity? [A] Appearing as an advocate on behalf of the claimant in a County Court trial. [B] Appearing as an advocate on behalf of a party in an arbitration. [C] Writing a weekly column on topical legal issues that is published on a website directed at the legal profession. [D] Writing a chapter for the White Book. QUESTION 21. Jimmy is an unregistered barrister. He wishes to appear on behalf of the claimant at an employment tribunal hearing on a claim of unfair dismissal. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Which one of the following propositions is correct? [A] Appearing at the tribunal hearing would amount to providing a reserved legal activity. Jimmy would therefore commit a criminal o昀昀ence under the Legal Services Act 2007 if he did so. [B] Appearing at the tribunal hearing would amount to providing a reserved legal activity. It would be a breach of the BSB Handbook if Jimmy did so but he would not commit a criminal o昀昀ence under the Legal Services Act 2007. [C] Appearing at the tribunal hearing would amount to providing legal services but would not be a reserved legal activity. Jimmy may legitimately appear for the claimant and would not be in breach of the BSB Handbook by doing so nor would he commit a criminal o昀昀ence. [D] Appearing at the tribunal hearing would amount to providing legal services but would not be a reserved legal activity. It would be a breach of the BSB Handbook if Jimmy did so but he would not commit a criminal o昀昀ence. QUESTION 22. In which one of the following circumstances must you report yourself to the Bar Standards Board? [A] Following charge for failing to stop after an accident (a summary only o昀昀ence). [B] Following a 昀椀nding of fact in family law proceedings that you were physically abusive in a relationship (proceedings which are conducted in private and which have not led to criminal prosecution). [C] Following receipt of a 昀椀xed penalty notice for driving without a seatbelt. [D] Following a noti昀椀cation by the police that you are under investigation for fraud and that they wish to interview you, with a view to deciding whether to charge you. QUESTION 23. You appear before a recorder in the Crown Court, Elizabeth Jarman. How do you refer to her in open court? [A] My Lady [B] Your Honour [C] Madam Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [D] Judge QUESTION 24. You appear before the Honorary Recorder of Gill昀椀eld, Deborah Win昀椀eld. How do you refer to her in open court? [A] My Lady [B] Your Honour [C] Madam [D] Judge QUESTION 25. You are coming towards the end of your second six in general ‘common law’ chambers, and the decision about you being granted a tenancy will be taken in a matter of weeks. You have therefore booked no weekdays out of your diary for annual leave. You receive instructions at 2pm on a Friday afternoon from a solicitor to represent Mr Morgan in a very simple application for strike out. The clerk tells you that the case is listed for Monday at midday at a court which is a two-hour train journey away. There is only one train (which is reliable) that gets in to a station just yards from the court at 11:30am. You are just about to leave to go straight to the airport for a weekend break with friends and unless you take the papers with you, you will not have time to prepare the case before stepping on to the train. The clerk tells you that there is no-one else in chambers who will be able to cover the brief and so they will have to send it to another chambers if you cannot do it. The clerk tells you that he really needs you to take the brief, it is for an important solicitor, and not to worry, the brief is only a few pages long, you will have time to prepare the case on the train. What best describes what you should do in this situation? [A] Refuse the brief on the basis that you may not get to court on time. [B] Refuse the brief in that, after a weekend of partying you may not be 昀椀t to go to court on Monday. [C] Refuse the brief on the basis that you may not be able to maintain client con昀椀dentiality or alternatively you may not be able to prepare the case in time. [D] Accept the brief to keep both the solicitors and clerks happy and to secure your chances of tenancy. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Question 1 You act for David Levy. He alleges that his neighbour, Iftikhar Hussein, plays loud music late at night and that when he complained about the noise, Mr Hussein threatened him. Mr Levy now seeks an injunction against Mr Hussein, to prevent the music being played loud and late and to prevent any assault. You meet Mr Levy at court for the injunction hearing. Mr Levy tells you that he thinks that Mr Hussein may have been involved in painting anti-Jewish gra昀케ti on the local synagogue. Which one of the following is the best advice to give Mr Levy with regard to this allegation? A. You agree to tell the judge about his suspicions. It is important that all the evidence should be placed before the court. B. You explain to Mr Levy that you can no longer represent him as he appears to be prejudiced against Muslims. C. You explain to Mr Levy that you don’t propose to make any reference to the gra昀케ti on the synagogue as, even if it is true, the allegation is not relevant to the current application. D. You tell Mr Levy that, although you will not mention his suspicion to the court, you will pass on the information to the local police. Question 2 You are instructed to represent Hayden Milner in her claim alleging professional negligence against her former 昀椀nancial adviser, Barker Sloane. The claim alleges that Sloane gave negligent advice to Miss Milner about her investments. Immediately before the trial starts, you are speaking to Miss Milner outside court. Miss Milner produces a printout of an email which you have not previously seen. The email, from Sloane to Miss Milner, suggests that Miss Milner urged Sloane to proceed with certain investments, although Sloane had previously warned her that they were high risk. The investments subsequently lost money. Your solicitor suggests that someone at Sloane must have inadvertently deleted the email. Then Miss Milner and your solicitor point out that, as the email helps Sloane’s case, it was up to Sloane to disclose it. Miss Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Milner also reminds you that, at the start of your conference, you had said that everything that passed between her and you were con昀椀dential. Which one of the following propositions best describes the situation and your recommended course of action? A. You don’t need to do anything. It is up to the other side to look after their own a昀昀airs and to disclose those documents they think are helpful to their case. B. In principle, the document should have been disclosed. But it is too late to disclose it now as witness statements and exhibits have already been drafted and lodged with the court. C. The email should be disclosed now. You make a copy to hand to the other side. D. You do have a duty to disclose material which is helpful to the other side’s case, but your assurance about client con昀椀dentiality must take priority, so the email should not be shown to the court without the client’s consent. Question 3 Your client, Hector, is due to be tried in the magistrates’ court on two charges – burglary and theft of a car. The allegation is that he ‘ram- raided’ a shop selling cigarettes and alcohol, using a stolen car. His 昀椀ngerprints have been found on the steering wheel of the car which was abandoned at the scene. When interviewed under caution, Hector told the police that he knew nothing about the burglary or the car. He pleaded not guilty to the charges in court. In your pre-trial conference, Hector tells you the following: He is innocent. The car belongs to his girlfriend. He drove her to a supermarket in the car on the day of the burglary, hence his 昀椀ngerprints are on the steering wheel. Later that day, the car was stolen from outside his girlfriend’s house while he was inside the house with her. He is married. His wife does not know about the relationship with the girlfriend, and he does not want his wife to know about it. He does not want to reveal any of this in court, so he now wants to change his plea to guilty. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Which of the following propositions best describes what should happen now? A. You cannot allow Hector to change his plea to guilty because you know he did not commit the crime. B. You cannot stop him from changing his plea to guilty, but you can advise Hector to maintain his plea of not guilty and explore with him any steps that might be taken to enable him to maintain the plea of not guilty in accordance with his instructions that he is innocent. C. You cannot allow Hector to change his plea to guilty because this will amount to misleading the court, and you will be misleading the court when you present his plea in mitigation on the basis that he committed the crime. D. You are professionally embarrassed and must withdraw from the case. Question 4 Jimmy was arrested by the police for suspected involvement in an alleged theft. Acting properly on instructions, you attended Greenacre police station and advised Jimmy on the conduct and handling of the police interview which then took place. You have been instructed to appear as defence counsel for Jimmy at trial. Can you accept the instructions and represent Jimmy? A. Yes, as long as you reasonably believe that nothing was said, done, heard or seen by you at the police station which might require you to give evidence in the proceedings. B. Yes, because judicial proceedings are completely di昀昀erent from what happens in a police station. C. Yes, because you reasonably believe that any contested point arising from what was said, done or heard at the police station would only be minor in the context of the case as a whole. D. No, because your involvement at the police station means that you must not act on Jimmy’s behalf in any court proceedings based on the o昀昀ence for which Jimmy was being detained. Question 5 Your clerk tells you that you are to be instructed in a large and highly sensitive commercial case involving the sale of shares by UHL to BTP. You represent UHL. You spend three days reading through the voluminous Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 papers on behalf of UHL. On the fourth day you are due to go to court for the 昀椀rst interim hearing in the case. As you leave your 昀氀at you notice an envelope on the doormat. Your father died recently, and the letter appears to be from his stockbroker concerning a number of shares you will soon inherit. You glance quickly at the list of assets and note that it includes 1,300 shares worth £10 each in BTP. It is now 8.30am. You are 45 minutes from the High Court, and the hearing is due to start at 10am. Which one of the following propositions is correct? A. You should call your clerk immediately and state that you can no longer act in the case and do not intend to go to court because you have a signi昀椀cant pecuniary interest in the outcome. B. You should attend court and represent your client. Probate has not yet been granted, so you are not yet the legal owner of the BTP shares. Therefore there is no problem. C. You should attend court and represent your client. As a barrister you are able to keep your private a昀昀airs entirely separate from your professional a昀昀airs. D. You should attend court and inform your client, the judge and the other side that you will have to withdraw from the case because you have a signi昀椀cant pecuniary interest in the outcome. Question 6 Fatima is a new tenant in Descant Chambers. She was called two years ago. She has been briefed to represent the applicant wife in a substantial claim for 昀椀nancial remedies after divorce. Fatima has recently completed a family pupillage in one of the top family sets. During the pupillage, she frequently attended court with her pupil supervisor on matrimonial property claims and also drafted documents, which her supervisor used, for the hearings. She has been briefed in a number of private law children matters and domestic violence injunctions, but she has never done any 昀椀nancial work of her own. The papers in the current case are voluminous, but having read the papers, she is con昀椀dent that the case is within her capability. She has been told the name of the barrister for the other side, checks their website and discovers that they are a leading junior and were called in 1998. She mentions this to one of her more experienced colleagues, Robert, who advises her to return the case as it sounds very complicated and the client probably needs a more experienced barrister. Which one of the following propositions is correct? Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 A. Fatima should not accept the papers because the barrister on the other side is more than 10 years’ call. B. Fatima should not accept the papers because it is wrong to take on any 昀椀nancial work before she has at least 昀椀ve years’ experience. C. Fatima should accept the brief because she is personally con昀椀dent of her ability to do the work. D. Fatima can accept the brief as she has agreed to call Robert from court before she makes any major decisions on her client’s behalf. Question 7 You are a pupil in your ‘昀椀rst six’ months of pupillage at Hercules Chambers, a leading technology and construction set. You have recently had a new extension built on your home and you are very unhappy with the quality of work. There is a list of items you wish to have remedied. The builder has been dealing with your partner and he does not know that you are a barrister. You decide to write a polite letter to the builder on your chambers’ headed notepaper, setting out the legal position with regard to the work on your house. Which one of the following propositions applies to your plan? Select one: A. You should not use your chambers’ headed notepaper or refer to yourself as a pupil barrister. B. You can use your chambers’ headed notepaper, but you should ensure that you describe yourself as a ‘pupil barrister’. C. You can use your chambers’ headed notepaper and describe yourself as a barrister in the letter. D. As you are a barrister specialising in the area, it would be wrong for you to write to the builder at all. Question 8 When conducting a client conference, when should you tell a client the maximum sentence that could possibly be imposed? Select one: A. Never. It would only serve to scare the client when a barrister should put the client at their ease. B. You should tell the client in every case, to ensure that the client is fully informed. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 C. You should tell the client only in cases when the maximum sentence could realistically be imposed. D. You should only tell the client if they ask. Question 9 You are instructed in a Chancery matter in which your lay client, a charity, alleges a breach of 昀椀duciary duty by one of the trustees. You believe the charity has a reasonably strong case and that the defendant trustee has been reckless in their administration of the trust. Hundreds of thousands of pounds have gone missing, and it has been impossible to trace the lost funds. Following a conference with the chairman of the board of the charity, you have been instructed by the solicitor to draft the chairman’s witness statement. To assist you, your solicitor has sent their clerk’s transcript of the conference, which includes the following passage: ‘Hundreds of thousands are missing. That money was intended for blind children in some of the poorest countries in the world. Instead it’s lining the pockets of the bloody defendant. If that’s not fraud I don’t know what is.’ Which one of the following propositions is correct? A. A witness statement should be written as far as possible in the client’s own words. You can leave out the word ‘bloody’ as it adds nothing to the meaning. Everything else in the clerk’s transcript should go into the witness statement. B. You should not include the reference to fraud, but the rest of the passage from the clerk’s transcript can be included in the witness statement. C. You should not make any reference to fraud or the suggestion that the money is lining the defendant’s pockets as neither of these points is arguable. D. You should include the whole passage from the clerk’s transcript because a witness statement should contain all the evidence which a witness could reasonably be expected to give. Question 10 You are a new tenant in chambers. You have just been sent instructions by solicitors in a publicly funded criminal case. They want you to draft and settle a defence statement on behalf of the accused, to be served on the prosecution and the Crown Court, where the case is due to be tried. You ask your clerk if you will be instructed to represent the accused at their Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 trial, and they tell you that the trial brief will go to a much more senior member of chambers. The current scheme of graduated fees does not allow counsel to be paid a separate fee for work on a defence statement. You realise that this means that you will not be paid for any work that you do on the defence statement. Which one of the following propositions is correct? A. As a new tenant, you are obliged to do any work that your clerk tells you to do and so you must draft and settle the defence statement. B. Because the trial brief for the defence will come to your chambers, you are obliged to do this work and so must draft and settle the defence statement. C. Because you are not going to be paid for any work on the defence statement, you are entitled to refuse these instructions. D. If you draft and settle the defence statement, the instructing solicitors are obliged to instruct you to represent the defence at the trial. Question 11 John is a tenant of four years’ call in a chambers specialising in landlord and tenant law. Instructing solicitors wish to instruct John in a case which is due to be heard on Friday afternoon. John’s diary is already full and he will not have time to prepare the case until Friday morning. However, the case is straightforward and John will have adequate time to ensure that he is su昀케ciently prepared for the hearing by working on Friday morning, assuming that he starts at 9am and works up until lunchtime. Instructing solicitors tell the clerks that the client is very nervous about the hearing and really would like to meet John. John will only be able to do so at court shortly before the hearing starts. What best re昀氀ects the position about whether John should accept the brief? A. Yes, because the cab-rank rule applies. B. Yes, because John will have su昀케cient time to prepare the brief. C. Yes, because John will have time to meet the client, albeit brie昀氀y, at court. D. No, because John will not have ample time to meet the client prior to the hearing. Question 12 Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Sally is a barrister and a huge fan of Formula 1 motor racing. Sally has a ticket which allows her VIP treatment and pit lane access to the Grand Prix in Bahrain. Sadly, Sally can no longer attend. At a chambers drinks party, Mr Crook, a solicitor who instructs some other members of her chambers, drops heavy hints that he would really like to go. What of the following propositions best re昀氀ects the ethical considerations that Sally should consider? A. Whether Sally reasonably considers that her independence would be compromised by giving the ticket to Mr Crook. B. Whether others would reasonably consider that Sally’s independence would be compromised by giving the ticket to Mr Crook. C. Sally may give the ticket to Mr Crook as long as she keeps a clear record of the gift. D. Whether other members of chambers who are already instructed by Mr Crook approve of her giving Mr Crook the ticket. Question 13 You are instructed to represent Alan Twist, the defendant in a case in the magistrates’ court, on a plea in mitigation. At his previous court appearance (when he was represented by a di昀昀erent barrister), Mr Twist was convicted and the sentence was adjourned to today so that a pre- sentence report could be prepared. In the pre- sentence report, Mr Twist is described as employed and the sole provider for his girlfriend and child. At court, you visit Mr Twist in the cells and he asks you to make sure that ‘my friend Julia’ is in the courtroom. Later, you meet a woman who introduces herself as ‘Julia’; she tells you that ‘on the bright side, if Alan goes to jail it’ll stop him sitting on my sofa all day and sponging o昀昀 me.’ You return to the cells and ask Mr Twist whether, in fact, Julia is the provider and that Mr Twist is, in fact, unemployed. He con昀椀rms everything but refuses to let you tell the court, because he wants to look as if he has a lot to lose to the magistrates. In court, the magistrates ask you whether there is anything that you would like to say about the content of the pre- sentence report. Which of the following propositions is correct? A. You must correct the position in the pre-sentence report despite your instructions because you owe a duty to the court in the administration of justice. B. You should tell the magistrates that you have nothing to say about the content of the pre- sentence report (because of your duty of Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 con昀椀dentiality), and then continue with your plea in mitigation as instructed in line with your duty to act in the best interests of your client. C. You must withdraw from the case. Having done so, you may then correct the position with regard to the content of the pre-sentence report. D. You must withdraw from the case. Having done so, you cannot correct the position with regard to the content of the pre-sentence report. Question 14 You appear before court 8 of the local Crown Court. Your case comes to an end and you sit down. Another case is called on. The judge remains sitting on the bench reading case papers and paying no attention to you. The advocates for the next case are not in the courtroom. You have another case starting shortly in court six. What best re昀氀ects what you should do? Select one: A. Remain seated until the advocates for the next case arrive. B. Politely interrupt the judge and ask for permission to leave. C. Leave the courtroom so that you may start the case in court six on time, bowing as you leave. D. Leave the courtroom without bowing because the judge is immersed in their papers and will not notice the gesture. Question 15 You conclude cross-examination of a witness at 4pm on Thursday in a case that is due to conclude on Friday afternoon. Just before your closing speech at lunchtime on Friday, you realise there are two points you could have put to the witness in cross- examination. The points suggest that the witness might be lying in their evidence to the court and therefore may be helpful in painting an overall picture for the court. However, you do not consider the points to be central to the case. You don’t think the judge was very attentive during the evidence. Which of the following propositions best re昀氀ects what you should do to ful昀椀l your ethical obligations? A. Raise the points in your closing speech in the best interest of your client, but acknowledge that the weight to be attached the point is diminished by the absence of cross-examination. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 B. Raise the points in your closing speech without any acknowledgment that the weight might be diminished by the absence of cross-examination, in the best interests of the client. C. Do not raise the points in your closing speech and focus on the evidence that has been elicited. D. Apply to recall the witness and reopen your cross-examination. -------------------------------------------------------------------------------------------------------------------------- Question 1 of 10 You are prosecuting a sentencing hearing in a criminal case which is listed before a particularly impatient Circuit Judge. The defendant in the case has pleaded guilty to a domestic burglary and a common assault. When presenting the case you incorrectly state that the maximum sentence that the judge can give to the defendant in respect of the common assault is 12 months’ custody. This is not corrected by defence counsel. The Judge sentences the defendant to 2 years’ imprisonment for the burglary and 9 months’ imprisonment for the common assault, to run concurrently. Back in the robing room, you realise that the maximum the Judge could have given for the common assault is 6 months, as it is a summary only o昀昀ence. Which ONE of the following is the BEST course of action to take in this situation? A You should leave things as they are as the defendant is in no worse position than he would have been anyway, due to the sentences running concurrently. B Before leaving court, you should leave a note with the court usher to explain the situation. C You should seek leave to have the case mentioned again to explain the position to the Judge. D You should write an advice to the CPS explaining the situation Question 2 of 10 You are a second-six pupil in a criminal set of chambers. You are having co昀昀ee with Nick, a friend from bar school. Nick tells you that one of his fellow pupils has been complaining about inappropriate comments about his appearance from his pupil supervisor. Nick’s fellow pupil is a keen footballer who does some part-time modelling Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 to help pay o昀昀 his university debts. His supervisor has apparently said on more than one occasion that she would ‘like to see him running around the pitch’ and commented on how attractive he is. Which ONE of the following represents the BEST course of action to take in respect of Nick’s disclosure? A Try to speak to Nick’s fellow pupil and conduct your own investigation into what was said. B Express sympathy but do nothing. C Report the pupil supervisor to the Bar Standards Board for sexual harassment amounting to serious misconduct. D Write a letter of complaint to Nick’s Head of Chambers about the pupil supervisor’s behaviour. Question 3 of 10 You are a barrister in self-employed practice. Your lay client, Alistair Smith, is accused of burglary. Mr Smith has consistently maintained that he did not commit the o昀昀ence. However, in conference he is so distraught with the stress of proceedings, he tells you that he has “had enough” and that he wishes to plead guilty to the o昀昀ence despite the fact that he is innocent. Your attempts to dissuade him from entering such a plea are unsuccessful. Which ONE of the following propositions is CORRECT? A If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you must withdraw immediately from the case as to continue to represent Mr Smith would mean you would be knowingly misleading the Court. B If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you can continue to represent him, but you must inform the Court that Mr Smith is pleading guilty against your advice. C If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you can continue to represent him, but there are restrictions on what you can say at any sentencing hearing in terms of mitigation. D If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you can continue to represent him and there are no restrictions on the mitigation you can put forward at any sentencing hearing. Question 4 of 10 Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 You are representing Blake at a sentencing hearing in the Crown Court for two o昀昀ences of domestic burglary. Blake’s antecedents show one previous o昀昀ence of domestic burglary, committed three years ago, for which he received a short custodial sentence. In conference, Blake tells you that he was also convicted of burgling a warehouse 18 months ago, for which he received a community order that has now expired. This does not show on the antecedents, which were provided by the prosecutor. This conviction does not mean that a mandatory minimum sentence is applicable. Blake refuses to allow you to disclose the missing conviction to the prosecutor or the court. Which ONE of the following is the CORRECT action to take during the sentencing hearing? A You can continue to represent Blake and can mitigate as you had originally planned to do. B You can continue to represent Blake but will be limited in what you can say in mitigation. C You can continue to represent Blake but will have to disclose the conviction to the court. D You must withdraw as Blake refuses to consent to disclosing the conviction to the court. Question 5 of 10 You are defending Donna Bryce, who is on trial for assault occasioning actual bodily harm. There has been a lot of media interest in this case, as Donna was a notorious contestant in a popular reality television programme that has recently aired. Much of this media interest has been negative. You have been annoyed by this as much of the reporting is inaccurate and unfair. You are aware that Donna’s mental health is extremely poor as a direct result of the way in which the case has been reported. At the end of the 昀椀rst day, the trial is adjourned part-heard. Before you leave court Donna says to you: “You have my consent to tell those bastard reporters everything that is going on. They need to know how damaging their actions are. They need to have my side of the story too”. When you leave court 5 minutes later, you and your instructing solicitor are approached by a reporter, who is followed by a cameraman. They are seeking your immediate comment on the case. Which ONE of the following propositions represents the BEST approach to take when responding to the reporter? A You should say nothing to the reporter about the case. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 B You should speak to the reporter but only in order to correct the aspects of Donna’s case that have been mis-reported. C You should speak to the reporter and answer any questions about Donna’s case that concern matters already in the public domain. D You should speak to the reporter and give them a full account of the case and Donna’s reaction to the negative reporting. Question 6 of 10 Nathaniel is a new tenant in a criminal set of chambers. He is sent to Wolverhampton Magistrates’ Court for trial, which is being prosecuted by John, counsel from another set of chambers. As soon as Nathaniel starts speaking to John, it becomes apparent that he is under the in昀氀uence of alcohol. Nathaniel can smell it on John’s breath, and he is slurring his words. In court, in front of the District Judge, John has to hold onto the desk as he is unsteady on his feet. However, Nathaniel does not think that the judge has noticed John’s behaviour. Which ONE of the following options CORRECTLY describes Nathaniel’s duty in relation to reporting John to the BSB? A Nathaniel is under a duty to report John to the District Judge, as he has reasonable grounds to believe that he is guilty of serious misconduct. The judge will then decide if the matter needs to be reported to the BSB. B Nathaniel is not under a duty to report John as the relevant facts are in the public domain. C Nathaniel cannot report John without seeking further evidence. D Nathaniel is under a duty to report John as he has reasonable grounds to believe that he is guilty of serious misconduct. Nathaniel must report him directly to the BSB. Question 7 of 10 Gary is a barrister in a set of chambers which both prosecutes and defends serious crime. He is an experienced practitioner and is highly respected on circuit. Gary’s brother, Jonathan, is an o昀케cer in the army and recently lost both legs in a landmine explosion whilst on active duty overseas. Apparently, local Sunni Muslim insurgents were responsible. Within days of receiving this news, Gary is instructed to prosecute Stephanie Anwar, who is charged with funding terrorism, contrary to s15(3) of the Terrorism Act 2000. Stephanie allegedly arranged for 30,000 euros to be delivered to her husband, Mohammed Anwar, a well-known jihadi activist. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Which ONE of the following statements about Gary’s position is WRONG? A Gary is entitled to refuse to accept the instructions on the basis that Stephanie’s conduct, opinions or beliefs are unacceptable to him. B Gary is entitled to refuse to accept the instructions if there is a real prospect he will not be able to maintain his independence. C Gary must accept the instructions as they are appropriate given his experience, seniority and 昀椀eld of practice, unless one of the exceptions applies. D Gary must be careful in cross-examination not to abuse his role as an advocate by making statements or asking questions merely to insult, humiliate or annoy Stephanie. Question 8 of 10 You are representing James Delaney on a charge of sexual assault. You see from the papers that Mr Delaney answered ‘no comment’ to all questions in his police interview. In conference with Mr Delaney, he tells you that the victim is either mistaken or lying. He states that he could not possibly have committed the crime as he was elsewhere at the time of the alleged o昀昀ence. In a further conference a week later, Mr Delaney admits to you that in fact he was in the presence of the victim at the relevant time, but any physical contact between them was purely accidental. He is adamant that he wants to rely upon this new version of events at trial and tells you that he wishes the fact that he has changed his account to remain con昀椀dential. Which ONE of the following propositions is CORRECT? A You may continue to act, unless you know, or are instructed by your client, that the new version of events is untrue or misleading. B You must cease to act, because there is a con昀氀ict between your client's two versions of events and to continue to act would result in a breach of your duty to the court. C You must cease to act unless your client expressly authorises you to inform the court of the change in his evidence. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 D You may continue to act, provided you have taken all reasonable steps and made all reasonable enquiries to satisfy yourself as to the veracity of your client's later statement. Question 9 of 10 Alisha represented Paul, a minor celebrity, in his recent trial for several o昀昀ences of sexual touching. Paul was acquitted on all counts. Two days after Paul’s acquittal, Alisha is approached by a late night current a昀昀airs programme, asking her to be a panellist. They want her to discuss the interesting legal issues raised by the case and its impact on other such cases. They are willing to pay Alisha well. Which ONE of the following propositions is CORRECT? A Alisha may be a panellist on the show. She must ensure that she remains impartial, to avoid the suggestion that her independence is compromised by the fee. B Alisha may not be a panellist on the show as speaking about the case would breach her on-going duty of con昀椀dentiality to Paul. C Alisha may be a panellist on the show. She does not owe Paul a duty of con昀椀dentiality now that the case has concluded. D Alisha may be a panellist on the show. She can talk freely about the case and legal issues. Question 10 of 10 You are a second-six pupil in a common law set and your tenancy decision is one week away. You are instructed to cover a Plea and Trial Preparation Hearing in a serious sexual o昀昀ences case for your pupil supervisor who is away on holiday. Upon receiving and reading the papers you discover that an important direction has not been complied with. In your view, this work should be done before the hearing tomorrow; however, the case is the most complex you have been involved in to date and you are not sure you are su昀케ciently experienced to complete the work. Your pupil supervisor is not due to return from holiday until the day after the hearing. You attempt to get hold of them on the telephone but are unable to do so. You speak to your 昀氀atmate who is a pupil at a di昀昀erent set of chambers. He agrees that the matter is complex but tells you that you are clearly, in his opinion, competent to carry out the work needed in order to comply with the direction. Which ONE of the following propositions represents the BEST approach for you to take? Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 A You should appear at the hearing tomorrow without mentioning the direction and then ask your pupil supervisor to complete the work as soon as possible thereafter. B You should speak to a senior member of chambers about whether you are su昀케ciently experienced to undertake the work. C You should immediately return the case. D You should appear at the hearing tomorrow but wait until after your tenancy decision to mention the direction. ____________________________________________________________________ QUESTION 1 You are representing James Delaney on a charge of sexual assault. Mr Delaney makes no comment at his police interview. In conference with Mr Delaney, he tells you that the victim is either mistaken or lying, because it could not possibly have been him as he was elsewhere at the time of the alleged o昀昀ence. In a further conference a week before the trial, Mr Delaney admits to you that in fact he was in the presence of the victim at the relevant time, but any physical contact between them was purely accidental. Which ONE of the following propositions is CORRECT? [A] You may continue to act, unless it is clear from the information you hold that your client is, by changing his story, attempting to put forward false evidence. [B] You must cease to act, because there is a con昀氀ict between your client's two versions of events and to continue to act would result in a breach of your duty to the court. [C] You must cease to act, unless your client expressly authorises you to inform the court of the change in his evidence. [D] You may continue to act, provided you have taken all reasonable steps and made all reasonable enquiries to satisfy yourself as to the veracity of your client's later statement. QUESTION 2 You are defending Donna Bryce, whose trial for assault occasioning actual bodily harm is part-heard. There has been a lot of media interest in this case, as Donna’s mother was a notorious contestant in a popular reality television programme that has recently aired. When you leave court, you Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 and your instructing solicitor are approached by a reporter, who is followed by a cameraman. They are seeking your comment on the case. Which ONE of the following propositions is CORRECT in relation to speaking to the media about Donna’s case? [A] You should say nothing to the reporters, as the Code of Conduct prevents barristers from speaking to the media. [B] You can speak freely to the reporters about all aspects of Donna’s case. [C] You should not speak to the reporters, as you have not had time to plan your remarks to ensure you do not breach any of the Core Duties. [D] You can speak freely to the reporters about all aspects of Donna’s case, so long as she consents to you speaking to the media. QUESTION 3 Gary is a barrister in a set of chambers which both prosecutes and defends serious crime. He is an experienced practitioner and is highly respected on circuit. Gary’s brother, Jonathan, is an o昀케cer in the army and recently lost both legs in a landmine explosion whilst on active duty in Afghanistan. Apparently, local Sunni Muslim insurgents were responsible. Within days of receiving this news, Gary is instructed to prosecute Stephanie Anwar, who is charged with funding terrorism, contrary to s15(3)(a) Terrorism Act 2000. Stephanie allegedly arranged for 30,000 euros to be delivered to her husband, Mohammed Anwar, a well-know jihadi activist. Which of the following statements numbered (i) to (iv) is/are CORRECT about Gary’s position? (i) Gary is entitled to refuse to accept the instructions on the basis that Stephanie’s conduct, opinions or beliefs are unacceptable to him. (ii) Gary is entitled to refuse to accept the instructions if there is a real prospect he will not be able to maintain his independence. (iii) Gary must accept the instructions as they are appropriate given his experience, seniority and 昀椀eld of practice, unless one of the exceptions applies. (iv) Gary must be careful in cross-examination not to abuse his role as an advocate by making statements or asking questions merely to insult, humiliate or annoy Stephanie. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [A] All of the statements are correct. [B] Only statements (i) and (ii) are correct. [C] Only statements (iii) and (iv) are correct. [D]Only statements (ii), (iii) and (iv) are correct QUESTION 4 You are representing Blake at a sentencing hearing in the Crown Court for two o昀昀ences of domestic burglary. Blake’s antecedents show one previous o昀昀ence of domestic burglary, committed three years ago, for which he received a short custodial sentence. In conference, Blake tells you that he was also convicted of burgling a warehouse 18 months ago, for which he received a community order that has now expired. This does not show on the antecedents, which were provided by the prosecutor. This conviction does not mean that a mandatory minimum sentence is applicable. Blake refuses to allow you to disclose the missing conviction to the prosecutor or the court. Which ONE of the following is the CORRECT action to take during the sentencing hearing? [A] You can continue to represent Blake and can mitigate as you had originally planned to do. [B] You can continue to represent Blake but will be limited in what you can say in mitigation. [C] You can continue to represent Blake but will have to disclose the conviction to the court. [D] You must withdraw as Blake refuses to consent to disclosing the conviction to the court. QUESTION 5 You are a second-six pupil in a criminal set of chambers. You are having co昀昀ee with Nick, a friend from bar school. Nick tells you that one of his fellow pupils has been complaining about inappropriate comments about his appearance from his (female) pupil supervisor. Nick’s fellow pupil is a keen footballer who does some part-time modelling to help pay o昀昀 his university debts. His supervisor has apparently said that she would like to see him running around the pitch. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Which ONE of the following is the CORRECT action you should take in respect of Nick’s disclosure? [A] Try to speak to Nick’s fellow pupil and conduct your own investigation into what was said. [B] Express sympathy but do nothing. [C] Report the pupil supervisor to the Bar Standards Board for sexual harassment amounting to serious misconduct. [D] Write a letter of complaint to Nick’s Head of Chambers about the pupil supervisor’s behaviour. QUESTION 6 You are a second-six pupil in a common law set and your tenancy decision is one week away. You have been asked to cover a Pre-Trial Review hearing in a serious sexual o昀昀ences case for your pupil supervisor. Upon reading the papers you discover that an important direction has not been complied with. In your view, this work should be done before the hearing tomorrow; however, the case is the most complex you have been involved in to date and you are not sure you are su昀케ciently experienced to complete the work. Which ONE of the following propositions is CORRECT? [A] You should appear at the hearing tomorrow without mentioning the direction and then ask your pupil supervisor to complete the work as soon as possible thereafter. [B] You should speak to a senior member of chambers about whether you are su昀케ciently experienced to undertake the work. [C] You should return the case as there is a con昀氀ict of interest between your lay client and your pupil supervisor. [D] You should wait until after your tenancy decision to mention the direction. QUESTION 7 Alisha represented Paul, a minor celebrity, in his recent trial for several o昀昀ences of sexual touching. Paul was acquitted on all counts. Two days after Paul’s acquittal, Alisha is approached by a late night current a昀昀airs programme, asking her to be a panellist. They want her to discuss the interesting legal issues raised by the case and its impact on other such cases. They are willing to pay Alisha well. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 Which ONE of the following propositions is CORRECT? [A] Alisha may be a panellist on the show. She must ensure that she remains impartial, to avoid the suggestion that her independence is compromised by the fee. [B] Alisha may not be a panellist on the show as speaking about the case would breach her on-going duty of con昀椀dentiality to Paul. [C] Alisha may be a panellist on the show. She does not owe Paul a duty of con昀椀dentiality now that the case has concluded. [D] Alisha may be a panellist on the show. She can talk freely about the case and legal issues. QUESTION 8 You are prosecuting a sentencing hearing in a criminal case which is listed before a particularly impatient Circuit Judge. The defendant in the case has pleaded guilty to a domestic burglary and a common assault. The Judge sentences the defendant to 2 years’ imprisonment for the burglary and 9 months’ imprisonment for the common assault, to run concurrently. Back in the robing room, you realise that the maximum the Judge could have given for the common assault is 6 months, as it is a summary only o昀昀ence. Which ONE of the following is the CORRECT course of action to take in this situation? [A] You should leave things as they are as the defendant is in no worse position than he would have been anyway, due to the sentences running concurrently. [B] Before leaving court, you should leave a note with the court usher to explain the situation. [C] You should seek leave to have the case mentioned again to explain the position to the Judge. [D] You should write an advice to the CPS explaining the situation. QUESTION 9 You are a barrister in self-employed practice. Your lay client, Alistair Smith, is accused of burglary. Mr Smith has consistently maintained that he did not commit the o昀昀ence. However, in conference he is so distraught with the stress of proceedings, he tells you that he has “had enough” and that he wishes to plead guilty to the o昀昀ence despite the fact that he is Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 innocent. Your attempts to dissuade him from entering such a plea are unsuccessful. Which ONE of the following propositions is CORRECT? [A] If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you must withdraw immediately from the case as to continue to represent Mr Smith would mean you would be knowingly misleading the Court. [B] If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you can continue to represent him, but you must inform the Court that Mr Smith is pleading guilty against your advice. [C] If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you can continue to represent him, but there are restrictions on what you can say at any sentencing hearing in terms of mitigation. [D] If Mr Smith insists on entering a guilty plea, despite maintaining his innocence, you can continue to represent him and there are no restrictions on the mitigation you can put forward at any sentencing hearing. QUESTION 10 Nathaniel is a new tenant in a criminal set of chambers. He is sent to Wolverhampton Magistrates’ Court for trial, which is being prosecuted by John, counsel from another set of chambers. As soon as Nathaniel starts speaking to John, it becomes apparent that he is under the in昀氀uence of alcohol. Nathaniel can smell it on John’s breath, and he is slurring his words. In court, in front of the District Judge, John has to hold onto the desk as he is unsteady on his feet. However, Nathaniel does not think that the judge has noticed John’s behaviour. Which ONE of the following options CORRECTLY describes Nathaniel’s duty in relation to reporting John to the BSB? [A] Nathaniel is under a duty to report John to the District Judge, as he has reasonable grounds to believe that he is guilty of serious misconduct. The judge will then decide if the matter needs to be reported to the BSB. [B] Nathaniel is not under a duty to report John as the relevant facts are in the public domain. [C] Nathaniel cannot report John without seeking further evidence. [D] Nathaniel is under a duty to report John as he has reasonable grounds to believe that he is guilty of serious misconduct. Nathaniel must report him directly to the BSB. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 ____________________________________________________________________ QUESTION 1 You are in your second six of pupillage and you have been instructed in a last-minute return to appear before a District Judge on an application for Summary Judgment. You believe the application will be straightforward but when you arrive at Court your opponent presents you with a skeleton argument which raises points of law which you had not anticipated. You ask the District Judge for more time to consider the skeleton and he allows you 20 minutes. You have a laptop and there is Wi-Fi in the Court building, but you do not believe you will be able to prepare adequately in the time you have been given. In particular, you are not sure how the law applies to your lay client’s instructions. You are aware that a barrister from your chambers is in the robing room and you feel sure that because of her experience she will be able to help you out. In fact, she knows the case as she has represented the other side at an earlier hearing. Which ONE of the following propositions is CORRECT? [A] You must do your best to prepare your submissions in the time you have. [B] You should ask to see the District Judge in chambers alone in order to explain your predicament. [C] You should speak to your colleague in the robing room to ask for her help. [D] You should return the brief because you are not properly prepared. QUESTION 2 You are representing the defendant on an assault charge at the Crown Court. The Court adjourns on Monday evening after the 昀椀rst two prosecution witnesses have completed their evidence. On Tuesday morning, the defendant does not appear and it becomes apparent that he has absconded. There are two more prosecution witnesses to give evidence, after which the prosecution will close its case. Which ONE of the following propositions is CORRECT? [A] If your instructing solicitor withdraws from the case, you must also withdraw, even if the Judge invites you to remain and assist the Court. [B] If your instructing solicitor does not withdraw from the case you have an absolute discretion whether or not to continue to act. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [C] If your instructing solicitor withdraws form the case and the judge invites you to remain and assist the Court, you must comply with the Judge’s request. [D] If your instructing solicitor does not withdraw from the case, you must continue to act. QUESTION 3 You are appearing on behalf of the Defendant in a bail application which is being heard in the Crown Court. The defendant is charged with s.18 GBH and has been remanded in custody for a week. You have not met the defendant before but have been provided with a full brief and have spoken to your instructing solicitor on the telephone. Your instructing solicitor wishes to be present at the hearing as the defendant is a long- standing client of her 昀椀rm and she knows that he can be di昀케cult with Counsel he has not met before. On the morning of the hearing, you receive a message from your instructing solicitor indicating that her car has broken down and she will not be able to get to Court. No-one else from her 昀椀rm is available to attend Court with you. The defendant has been produced at Court and is in the cells. Which ONE of the following propositions is correct? [A] You should not see your client in conference in the absence of an instructing solicitor but should make the bail application based on your written instructions. [B] You should apply for the case to be adjourned until the 昀椀rst available date that your instructing solicitor is available to attend. [C] You should explain the position to the Judge and ask whether she will rule on whether it is appropriate for you to conduct your case in the absence of your instructing solicitor. Only if she does so can you continue without a solicitor. [D] You should have a conference with your client to explain the position, take any further instructions and then, unless otherwise instructed by the defendant, conduct the bail application. QUESTION 4 You are walking home from the cinema one evening when you witness the end of a mugging incident where the victim is lying on the ground injured, while a man you presume to be the mugger rushes past to make his escape. You call the police on your mobile phone and on their arrival at the scene you give a statement, including a brief description of the man who was 昀氀eeing the scene. The next week you receive a call from an instructing solicitor asking you to make a bail application that day on Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 behalf of Roger May, who is charged with robbery. During the brief discussion with the solicitor it becomes apparent that Mr May has been accused of the robbery that you witnessed the previous week. You have not yet agreed to accept the instructions. Which ONE of the following propositions is CORRECT? [A] Although you should normally take the case under the Cab rank rule the fact that you were a witness to the alleged incident means you would be professionally embarrassed if you did so, and you should refuse to take the case. [B] You may take the case if you wish, but as you may be a witness in the case you must 昀椀rst obtain the permission of the Court. [C] Although you should not normally take the case as you would be professionally embarrassed, to tun down the case at this stage would jeopardise Mr May’s interests. You must therefore accept the instructions, make the bail application and then withdraw from the case. [D] You must take the case as you are bound by the cab rank rule to do so. QUESTION 5 You are a barrister representing the husband in a mediation relating to matrimonial property. The mediation is due to take place in one hour’s time. In conference, before meeting the mediator, your client tells you that he has 昀椀ve holiday properties in France. His wife knows about three of them, but he has never mentioned the other two. He tells you that he bought these properties before the marriage and that he doesn’t see why their existence should be disclosed. Which ONE of the following propositions is CORRECT? [A] If the properties are not disclosed, you can continue to represent your client in the mediation, but you cannot represent him at any future Court hearing. [B] You should tell your client that you will have to withdraw from the mediation if the properties are not disclosed. [C] Although the properties need to be disclosed to the other side before any 昀椀nal hearing in Court, there is no need to disclose them to the mediator. [D] You can disclose the existence of the properties to the mediator, provided you get the mediator’s assurance not to pass on the information to the other side. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 QUESTION 6 In which ONE of the following propositions does a con昀氀ict of interest arise? [A] You are instructed to represent two defendants in a criminal trial where you believe one to be innocent and one to be guilty. [B] You are instructed to represent the parent of a child in care proceedings. The parent has been accused of both neglect and cruelty. You are married to the senior social worker in the case. You and your spouse never discuss work at home. [C] You are instructed to represent the parent of a child in care proceedings. The parent has been accused of both neglect and cruelty. You recognise the medical expert in the case from cases you have worked on in the past and you do not think she makes a good expert witness. [D] You are instructed to represent two defendants in a criminal trial where one defendant has the bene昀椀t of public funding and the other is paying privately. QUESTION 7 You receive instructions to represent a defendant charged with an o昀昀ence of racially aggravated assault. The defendant is a member of a far-right extremist group with previous convictions for racially aggravated assault. He has extreme views on immigration and expresses a hatred towards non-white communities. You 昀椀nd his views and beliefs abhorrent as they are in con昀氀ict with your own. You feel that you should not defend him as you believe that your political views and personal opinion of him would not allow to represent him to the best of your ability. Which ONE of the following is CORRECT? [A] You would be obliged to accept the instructions but could apply to the Court to be released from your professional obligations to the defendant as to represent him would not be in his best interests. [B] You would be entitled to refuse these instructions as the con昀氀ict between your political views and opinions and those of the defendant would mean that you would be professionally embarrassed. [C] You would not be entitled to refuse the instructions on the basis that you 昀椀nd the conduct, opinions and beliefs of the defendant unacceptable. [D] You would only be allowed to refuse the instructions if you were a member of an immigrant group. QUESTION 8 Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 You are instructed to represent the defendant in a contractual dispute, valued at £80,000. The claim has been listed for a two-day trial. The claimant is represented by a colleague in chambers with whom you are friendly. He is instructed by a solicitor who also instructs you on a regular basis. You go for a drink with this colleague the night before the trial is due to commence, during which he mentions to you informally, that he will be applying for an adjournment as his instructing solicitor has forgotten to warn their key witness to attend the trial and the witness is now abroad on holiday. He adds that if the judge refuses an adjournment, his case will collapse. At court the next morning, your colleague applies to the judge to adjourn the case on the grounds that their key witness was asked to attend several weeks ago, but that the witness telephoned his instructing solicitors yesterday morning to say she was ill. Which ONE of the following propositions is CORRECT? [A] You should oppose the application to adjourn and mention the conversation you had the night before. [B] You should withdraw from the case. [C] You should oppose the application to adjourn but make no mention of the conversation you had with your colleague the night before. [D] You should not oppose the application to adjourn. QUESTION 9 You are preparing an advertisement for a local legal gazette. Your pupil supervisor asks you to include details of a recent case he appeared in, where she won a landmark ruling in the Court of Appeal. In what circumstances can you reveal details of the case? Consider the following propositions. Which ONE is CORRECT? [A] You may disclose information which is not publicly available only with prior written consent of the professional client. You may disclose information which is publicly available. [B] Whether or not you get permission from the lay or professional client, you may not disclose information which is not in the public domain. [C] You may disclose information which is publicly available. You may disclose information which is not publicly available only with prior written consent of the lay client. [D] You may only disclose information which is publicly available. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 QUESTION 10 You have been instructed to represent a large corporation in a case involving a breach of contract. On the way to the High Court on the morning of the trial you read a Court of Appeal report in The Times which is potentially fatal to your case. When you arrive at the High Court it is clear that neither your opponent, who is a colleague from your chambers, nor the Judge is aware of the authority. Which ONE of the following propositions is CORRECT? [A] You should reveal the existence of the authority to your opponent but only on a strictly ‘counsel to counsel’ basis [B] You should proceed with the case without mentioning the new authority to the Court. It is your duty to fearlessly promote our client’s interests. [C] You should withdraw from the case as you are professionally embarrassed now that the advice you gave on the prospects of success is wrong. [D] You should reveal the existence of the authority to the Court, having advised your client that due to a change in the law their case is now potentially 昀氀awed. QUESTION 11 In relation to a barrister who wishes to give a present to a professional client, which ONE of the following propositions is CORRECT? [A] There are no restrictions on a barrister’s ability to give a present to a professional client. [B] A barrister may give a small promotional item to a professional client or intermediary. [C] There are no circumstances in which a barrister may give a present to a professional client. [D] A barrister may give a present to a professional client once all proceedings have been concluded in a particular case. QUESTION 12 You are instructed in the defence of Luigi Ferrero, who is charged with being in possession of drugs with intent to supply them to another. He was found with a large quantity of cocaine in his possession. Mr Ferrero gives you clear instructions that the drugs were planted on him by the Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 arresting o昀케cer. He also instructs you that he does not wish to give evidence on his own behalf. Which ONE of the following propositions is CORRECT? [A] You should put the allegation to the o昀케cer in cross examination and may refer to it in your closing speech. [B] You should not put the allegation to the o昀케cer in cross examination as Mr Ferrero will not be cross examined and therefore it would be unfair to do so. You should however refer to it in you closing speech [C] You should neither cross examine the o昀케cer on the allegation or mention it in your closing speech as you will not be calling evidence to support it. [D] You should put the allegation of planting to the o昀케cer in cross examination but make no reference to it in your closing speech as you have not called any evidence to support it. QUESTION 13 You are instructed to attend the 昀椀nal hearing in a County Court claim. In the course of a conversation at Court with your opponent, information is disclosed that is relevant to the case, but clearly con昀椀dential between opposing Counsel and his client. The information would assist your arguments and your client in the 昀椀nal hearing. Which ONE of the following propositions is CORRECT? [A] You will have to withdraw from the case as you now have con昀椀dential information about the other side’s case. [B] You must seek the Judge’s permission, in the absence of the parties, to allow you to use the information. [C] You may make use of the information in your case as you consider appropriate. [D] You should ignore the information. The circumstances in which it was disclosed to you are governed by con昀椀dentiality. Question 14 You are prosecuting a plea of guilty in the Crown Court. You have fully outlined to the Judge the facts of the case and the defendant’s previous convictions. In his plea in mitigation Defence counsel does not mention a serious medical condition from which the defendant su昀昀ers, despite having indicated to you that he would do so. You believe information Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 about this condition would be likely to a昀昀ect the Judge’s sentence, were she to be made aware of it. Which ONE of the following propositions is CORRECT? [A] You have a duty to draw the attention of Defence Counsel to his failure to mention the defendant’s condition before sentence is passed. [B] You have a duty to draw the attention of the Judge to the defendant’s condition before sentence is passed [C] You have a duty to draw the attention of the Judge to the defendant’s condition after sentence is passed, if you consider that the Judge may wish to revise her sentence in view of it. [D] You do not have a duty to mention the matter either to the Judge or Defence Counsel. QUESTION 15 You represent the defendant (a company) in a health and safety prosecution following a fatal accident in the workplace. The defendant is considering what admissions, if any, to make, based on advice from your instructing solicitors. Instructing solicitors have indicated to the defendant that it should expect to be 昀椀ned around £25,000. You have been asked to advise on the issue of criminal liability rather than on sentence, but you believe, having researched comparable cases, that the 昀椀gure for the potential 昀椀ne is closer to £150,000. You have yet to advise the defendant of this. You speak to your instructing solicitors about the advice they have given, but they are adamant that they are correct, and seem to be los9injg faith in you for querying their advice. The 昀椀gure they have quoted is not supported by authority. Which ONE of the following propositions is CORRECT? [A] It is not appropriate to raise the issue of sentence when you have been asked to advise on criminal liability. [B] The con昀氀ict of opinion between you and your instructing solicitor leads you to be professionally embarrassed, and you should withdraw from the case. [C] You have a duty to inform your lay client that it may be in their best interests to instruct another solicitor as you consider the advice given to them in relation to the potential 昀椀ne is wrong. [D] You should advise the lay client that you and your instructing solicitors do not agree on the likely 昀椀ne. You should let the lay client decide how to Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 proceed. QUESTION 16 Answer – C You owe a duty of con昀椀dentiality to the client (CD6, rC15.5), so you cannot disclose his true identity or his convictions without his consent, therefore A is wrong. You owe a duty to the Court to act in the administration of justice and not to mislead (CD1, rC3), so you cannot continue to act if the client refuses to allow disclosure of his true identity as that would be misleading the court, therefore B and D are wrong. QUESTION 17 You have received instructions to represent Mike Watling, the owner of a clothing store, in a breach of contract case regarding goods supplied and delivered by Rachel Wild. The goods in question were items of sportswear supposedly made from the latest sweat wicking and resistant materials that did not stain or snag. After a customer brought a top back with numerous snags after wearing it once, the goods were tested and found to be made of low-quality synthetic products. Mr Watling has had to recall all the sportswear sold and refund all the customers’ money. The goods were big sellers and Mr Watling lost £30,000 in pro昀椀ts just on this line. The local newspaper ran a very un昀氀attering article that has caused his overall sales to decline. Mr Watling believes that Miss Wild knew that the goods were poor quality, and through his solicitors, he is insisting that you should allege this in the Particulars of Claim. He argues that it is certain to come out, when documents are exchanged, that the goods were knowingly bought by Miss Wild from the manufacturers as low quality synthetic and then sold by her as the latest high performing sportswear material. Which ONE of the following is CORRECT? [A] You should include the allegation as the facts preclude Miss Wild from having made an honest mistake. [B] You should not include this allegation because it is not relevant. [C] You should include this allegation as you have clear instructions to do so. [D] You should not include this allegation because there is no evidence to support it. QUESTION 18 Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 You act for a defendant charged with robbery. The evidence against your client is weak. The defendant was picked out in an identi昀椀cation procedure by a single witness who did not get an ideal view of him. In addition, the defendant is also alleged to have made a remark on arrest which the prosecution says amounted to a confession. The remark is disputed by the defendant who, in his police interview, denies ever having said it. Despite the weak evidence, the defendant, in conference with you, admits committing the crime. Following advice from you, he decides to plead not guilty and put the prosecution to proof and test the case. Which ONE of the remarks may be made in your closing speech to the jury? [A] ‘You may think, members of the jury, that the circumstances of this identi昀椀cation were poor, and that, as a result, the witness may have been wrong when he picked out the defendant in the identi昀椀cation procedure’. [B] ’Members of the jury, the defendant disputed the confession, allegedly made at the scene, when he was interviewed. It remains for him to prove that any such confession was not made if the prosecution is to rely on it in persuading you of the defendant’s guilt’. [C] ‘The circumstances surrounding the identi昀椀cation were di昀케cult, and it may be that you feel that you can’t rely on the evidence of the witness who purports to identify the defendant’. [D] ‘Members of the jury, the remark made upon arrest on which the prosecution relies was not properly recorded. If the police have made this mistake, how many more mistakes have been made? Surely the identi昀椀cation evidence may also be mistaken? It is of course, a matter for you to decide if the case is proven’. QUESTION 19 You are acting for Sergei Nostopolis in a case involving a contractual dispute between Mr Nostopolis and his former trading partner Mr Fields. Part of the dispute centers on one of the contractual terms, and will turn on the quality of the oral evidence given by each witness at trial. You are due to have a conference with Mr Nostopolis a week before the trial. As to assistance you may give to Mr Nostopolis during the conference, which ONE of the following propositions is CORRECT? [A] You may assist Mr Nostopolis by coaching him in what he will say in response to hostile questioning. [B] You may assist Mr Nostopolis by answering questions he might have about the trial and his chances of success. Downloaded by Nik Plume ([email protected]) lOMoARcPSD|41137173 [C] You may assist Mr Nostopolis by suggesting that he refrain from mentioning in Court certain relevant facts which are not particularly in his favour. [D] You may assist Mr Nostopolis by rehearsing his evidence with him. QUESTION 20 You act for Freddie

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