[ 1.6.2 ] Legal Profession Uniform Conduct (Barristers) Rules 2015 - Individual rules

Question 1

Rule 8 of the LPUC(B)R

Answer 1

General prohibition against certain conduct

Question 2

Rule 9 of the LPUC(B)R

Answer 2

Another vocation - Certain prohibition

Question 3

Rule 10 of the LPUC(B)R

Answer 3

Use of professional qualification - for private advantage

Question 4

Rule 11 of the LPUC(B)R

Answer 4

Barrister’s work

Question 5

Rule 12 of the LPUC(B)R

Answer 5

Barrister must be sole practitioner

Question 6

Rule 13 of the LPUC(B)R

Answer 6

Legal work that cannot be done by a barrister

Question 7

Rules 14-15 of the LPUC(B)R

Answer 7

Can do certain things in r 13 if not for fee as private person

Question 8

Rule 16 of the LPUC(B)R

Answer 8

Disclosure if asked to do non-barristers work

Question 9

Rule 17 of the LPUC(B)R

Answer 9

Cab-rank general rule - capacity, available, fee, doesn’t have to refuse

Question 10

Rule 18 of the LPUC(B)R

Answer 10

Must not set high fee to deter brief

Question 11

Rule 19 of the LPUC(B)R

Answer 11

No third line forcing - require particular solicitor

Question 12

Rule 20 of the LPUC(B)R

Answer 12

No restrictive condition in brief

Question 13

Rule 21-22 of the LPUC(B)R

Answer 13

Direct briefs - not obliged, but must disclose certain things

Question 14

Rule 23 of the LPUC(B)R

Answer 14

Overriding duty to the court

Question 15

Rule 24 of the LPUC(B)R

Answer 15

Must not deceive or knowingly or recklessly mislead the court

Question 16

Rule 25 of the LPUC(B)R

Answer 16

Must correct misleading statements asap

Question 17

Rule 26 of the LPUC(B)R

Answer 17

Opponent’s mistaken concession

Question 18

Rules 27-28 of the LPUC(B)R

Answer 18

Ex parte applications - must disclose all legal and factual matters - within knowledge - not LPP - support alternative argument. Must seek instructions to waiver of LPP.

Question 19

Rule 29 of the LPUC(B)R

Answer 19

Inform court re authorities

Question 20

Rule 30 of the LPUC(B)R

Answer 20

Don’t need to inform re authorities if opponent will withdraw or consent to final judgment

Question 21

Rule 31 of the LPUC(B)R

Answer 21

Aware of authority after judgment

Question 22

Rule 32 of the LPUC(B)R

Answer 22

No need to inform of authorities where court has ruled evidence inadmissible

Question 23

Rule 33 of the LPUC(B)R

Answer 23

If B thinks P is unaware of previous convictions

Question 24

Rule 34 of the LPUC(B)R

Answer 24

Misapprehension by court of order

Question 25

Rule 76 of the LPUC(B)R

Answer 25

B must not publish inaccuracy, confidential information or opinion on merits of current proceeding except for genuine educational or academic discussion.

Question 26

Rule 77 of the LPUC(B)R

Answer 26

B must not publish re current proceeding of B unless limited information about case or request for copies of certain court docs.

Question 27

Rule 78 of the LPUC(B)R

Answer 27

B may advise client about media comment.

Question 28

Rule 57 of the LPUC(B)R

Answer 28

B must efficiently work to comply with court, and inform if he or she cant meet that.

Question 29

Rule 58 of the LPUC(B)R

Answer 29

Ways in which B must work efficiently. E.g. confine issues. Limit evidence. Minimise time in court.

Question 30

Rule 59 of the LPUC(B)R

Answer 30

Must inform of application to adjourn by client.