When advising a client, what should a barrister provide in writing about the prosecution case and consequences?

When advising a client, what should a barrister provide in writing about the prosecution case and consequences?

• A. Only discuss chances of acquittal and nothing else
• B. Provide such information in writing and include the strength of the prosecution case and potential consequences
• C. Provide oral agreement only after the trial
• D. Avoid discussing potential consequences to prevent fear

Answer: (B)

Barristers must provide clear, written advice that lays out what the prosecution’s case looks like and what could happen if the client is convicted. This means describing how strong the Crown’s evidence is, where it is solid or weak, and what that implies for the client's prospects, rather than focusing only on a potential acquittal. Equally important is outlining the potential consequences if conviction occurs—sentencing ranges, penalties, costs, and other practical or reputational effects—so the client can make an informed decision about pleading, going to trial, or negotiating a settlement. Giving this information in writing creates a durable record of what was advised and helps ensure the client understands the risks and options before taking steps in the case. Choices that omit discussion of consequences or delay giving advice until after the trial do not meet this duty to inform and document the client’s position.

Barristers must provide clear, written advice that lays out what the prosecution’s case looks like and what could happen if the client is convicted. This means describing how strong the Crown’s evidence is, where it is solid or weak, and what that implies for the client's prospects, rather than focusing only on a potential acquittal. Equally important is outlining the potential consequences if conviction occurs—sentencing ranges, penalties, costs, and other practical or reputational effects—so the client can make an informed decision about pleading, going to trial, or negotiating a settlement. Giving this information in writing creates a durable record of what was advised and helps ensure the client understands the risks and options before taking steps in the case. Choices that omit discussion of consequences or delay giving advice until after the trial do not meet this duty to inform and document the client’s position.