100 Ethics Questions

Question 1

If a client tells you that they plan to lie to the Court what must you tell them? Must you tell the Court?

Answer 1

1. Tell them that if they insist on lying you will have to withdraw.
2. Explain to them why you are withdrawing
3. In this situation you may not disclose any information to the Court.

Question 2

If your client tells you that they know important information but are refusing to disclose it to the court - what should you do?

Answer 2

1. Explain that they have a duty to disclose the information (if they do)
2. Explain that you will have to withdraw if they do not disclose this information to the Court.
3. Do not tell the Court the information in this situation

Question 3

You act for a client who is in custody and whose child is dying from leukaemia. You believe that it is in your client’s best interests to see his child before the child dies. However, given that your client faces a long sentence the only way you can achieve this is by lying on your client’s behalf. Does any part of the Handbook justify such an exceptional course of action?

Answer 3

No. You cannot mislead the Court under any circumstances. Although you have a duty to act in the best interests of each client, this does not permit you to lie for them because this would both mislead the court (contrary to CD1) and be dishonest (contrary to CD3). Similarly, you must not bow to pressure (emotional or otherwise) to assist a client improperly – doing so would also be in breach of your duty to maintain your independenc

Question 4

If a client insists on pursuing a legal argument on appeal that you do not consider has any merit, are you bound by your client’s instructions to pursue it?

Answer 4

No. rC9 provides that you must not draft any statement of case, witness statement, affidavit or other document containing:

1. Any statement of fact or contention which is not supported by your client or by your instructions;
2. Any contention which you do not consider to be properly arguable;

Question 5

What happens if you are asked to advise a client who has been convicted but maintains they are not guilty?

Answer 5

If the client maintains that he is not guilty despite a guilty plea, mitigation on his behalf will be strictly limited so that, for instance, counsel will not be able to assert that the defendant has shown remorse
through his guilty plea.

Question 6

What are four factors you should consider when there is a clash of listings?

Answer 6

• The length of time that you have been instructed on each case;
• The complexity and difficulty of each case;
• The amount of work you have already done on the case;
• Relevant access to justice considerations and the likely impact on your client

Question 7

Are you entitled to accept gifts of any kind from a professional or lay client?

Answer 7

You can never accept money, other than your professional fee. You can accept other gifts of modest size. You should always consider whether the circumstances and size of the gift would reasonably lead others to think that your independence had been compromised.

Question 8

When MUST you disclose a client’s previous convictions?

Answer 8

Never. If there is a mandatory minimum you must disclose the previous convictions - but only if your client gives permission.