Ethics questions test judgment, independence and professional discipline. They are not invitations to invent a convenient compromise between the client and the court.
A practical ethics framework
Method
DUTY → CONFLICT → INFORMATION → OPTIONS → ACTION → RECORD/ADVICEIdentify the professional duties engaged; locate the conflict; establish what you know and how you know it; distinguish what you may, must or must not do; choose the compliant course; explain what you would tell the client and any necessary procedural consequence.
Scenario 1: client admits guilt privately
Question: Your client tells you in conference that he committed the offence but maintains a not-guilty plea. What can you do at trial?
The important distinction is between requiring the prosecution to prove its case and advancing a positive factual case you know to be false. The panel will expect you to identify duties to the court, confidentiality and the limits of the client's instructions, then explain the practical advice you would give.
Scenario 2: misleading mitigation
Question: During mitigation your client instructs you to tell the judge that she has no previous convictions, but the papers show otherwise.
Do not simply say “I would refuse.” Explain the duties engaged, correct the client's misunderstanding, state what you cannot submit and consider whether you can continue to act consistently with professional obligations.
Scenario 3: late disclosure
Question: Shortly before trial you discover material that may substantially alter your tactical advice. Your client wants to continue with the existing plan without discussing it.
Panels are looking for careful identification of your advisory duty and the client's autonomy, not paternalism. Explain what advice must be given, what decisions remain the client's and what professional constraints remain yours.
Common ethics interview errors
- Giving a moral answer instead of a professional one.
- Ignoring confidentiality.
- Assuming the duty to the client overrides the duty to the court.
- Withdrawing immediately without analysing whether withdrawal is required or permitted.
- Quoting rules without explaining the practical next step.
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The full Digital Learning Edition contains 12 chapters, advocacy worksheets, ethics scenarios, sentencing and appeal exercises, 100 rapid-fire questions, mock panels and a 7-day revision plan.
Educational use: This resource is for pupillage interview preparation, not legal advice. Candidates should verify current law, procedure, Sentencing Council guidance and BSB requirements from primary and official sources before interview.