1.2 Duty not to abuse your role as an advocate - rC7

Question 1

Which Core Duties does rC7 - duty not to abuse your role as an advocate - relate to?

Answer 1

CD1 - duty to the court and the administration of justice

CD5 - not to diminish the public’s trust and confidence in you or the Bar

Question 2

Which obligations does the duty not to abuse your role entail?

Answer 2

rC7
1.
not to make statements or ask questions merely to insult, humiliate or annoy witnesses or others
2.
not to make serious allegations against witnesses you cross-examine without giving them a chance to answer
3.
Not to make serious allegations against other persons without meeting certain requirements
4.
not put forward a personal opinion on the facts or law unless invited to do so by court or law

Question 3

What is the purpose of the rule against abusing your position?

Answer 3

To correct the imbalance of power between professional advocates and lay litigants and witnesses.

Question 4

What are the requirements for making serious allegations against any person?

Answer 4

rC7.3
you must not make a serious allegation against any person, or suggest that a person is guilty of a crime with which your client is charged unless:
.a
you have reasonable grounds for the allegation; and
.b
the allegation is relevant to your client’s case or the credibility of a witness; and
.c
where the allegation relates to a third party, you avoid naming them in open court unless this is reasonably necessary.

Question 5

What if you don’t believe your client is telling the truth?

Answer 5

rC7.4
you must not put forward to the court a personal opinion of the facts or the law unless you are invited or required to do so by the court or by law.

Question 6

rC7.1

Answer 6

rC7.1

you must not make statements or ask questions merely to insult, humiliate or annoy a witness or any other person;

Question 7

rC7.2

Answer 7

rC7.2
you must not make a serious allegation against a witness [in XX] unless you have given that witness a chance to answer the allegation in cross-examination.

[i.e. don’t make new allegations in your closing speech.]

Question 8

rC7.3

Answer 8

rC7.3
you must not make a serious allegation against any person, or suggest that a person is guilty of a crime with which your client is charged unless:
.a
you have reasonable grounds for the allegation; and
.b
the allegation is relevant to your client’s case or the credibility of a witness; and
.c
where the allegation relates to a third party, you avoid naming them in open court unless this is reasonably necessary.

Question 9

rC7.4

Answer 9

rC7.4
you must not put forward to the court a personal opinion of the facts or the law unless you are invited or required to do so by the court or by law.

[TLDR: say “In my submission”, not “I think”.]