1.2 You and the Court

Question 1

What are the five outcomes of C1: You and the Court in the BSB Handbook?

Answer 1

oC1
The court is able to rely on information provided to it by litigants and advocates.
oC2
The proper administration of justice is served.
oC3
The interests of clients are protected compliant with outcomes C1 and C2 and the Core Duties.
oC4
Both those who appear before the court and clients understand litigants’ and advocates’ duty to the court and when duties owed to clients will be overridden by the duty owed to the court.
oC5
The public has confidence in the administration of justice and in those who serve it.

Question 2

Which C1 Rules apply to unregistered barristers providing legal services?

Answer 2

rC3.5 - you must ensure that your ability to act independently is not compromised.

rC4 - Your duty to act in the best interests of each client is subject to your duty to the court.

Question 3

Why is the outcome oC1 important?

The court is able to rely on information provided to it by litigants and advocates.

Answer 3

If oC1 is not achieved, courts cannot be sure that they are making decisions based on accurate information, and justice will not be done.

Question 4

What does oC2 - serving “the proper administration of justice” - require?

Answer 4

The term is not defined in the BSB Handbook.

It might be interpreted as ensuring that judicial decisions are made correctly in accordance with:

• the applicable law;
• the rules of evidence;
• a fair procedure.

Question 5

oC3 is that “the interests of clients are protected to the extent compatible with oC1 and oC2”.

Why is this important?

Answer 5

This reflects the reality that the interests of clients will conflict with the interests of the court in the administration of justice.

[Bear in mind that CD1 overrides CD2.]

Question 6

oC4 is that those who appear before the court and clients understand litigants’ and advocates’ duty to the court and when duties owed to clients will be overridden by the duty owed to the court. Which Core Duties does this engage?

Answer 6

CD1 - the paramount duty to the court and the administration of justice.

CD7 - providing a competent standard of work and service to a client.

Question 7

oC5
The public has confidence in the administration of justice and in those who serve it.

Which Core Duty does this outcome result from?

Answer 7

CD 5 - You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession.

[Diminishing public confidence in the profession diminishes confidence in the administration of justice as a whole.]

Question 8

What specific obligations does your duty to the court entail?

Answer 8

rC3
.1
you must not knowingly or recklessly mislead or attempt to mislead the court;
.2
you must not abuse your role as an advocate;
.3
you must take reasonable steps to avoid wasting the court’s time;
.4
you must take reasonable steps to ensure that the court has before it all relevant decisions and legislative provisions;
.5
you must ensure that your ability to act independently is not compromised.

Question 9

How does your duty to the court limit your duty to your client?

Answer 9

rC4
Your duty to act in the best interests of each client is subject to your duty to the court.

rC5
Your duty to the court does not require you to act in breach of your duty to keep the affairs of each client confidential.