3. Dispute Resolution and Proceedings Flashcards
To whom do the standards regarding dispute resolution and proceedings apply?
Solicitors and firms
Evidence and Witnesses
What three things must you not do to evidence?
- Misuse evidence, or attempt to do so
- Tamper with evidence, or attempt to do so
- Seek to influence the substance of evidence, e.g. generate false evidence
Evidence and Witnesses
What must witness compensation never be based on?
The nature of the evidence or outcome of the case
What expenses can be paid in relation to witnesses?
Solicitors can reimburse travel expenses and lost earnings by witnesses not attending work on the days they testify
Respect for the Court
What standard must all assertions, representations, and statements made to the court be?
They must be properly arguable
Respect for the Court
What must you draw the court’s attention to?
Relevant cases and statutory provisions, and any procedural irregularities, which are likely to have a material effect on the case, even if it would harm your client’s case
What is the situation if a client tells a solicitor they are guilty?
Sol must seek to show the Pros have not produced sufficient evidence to convict the client but cannot assert the client is innocent.
If the client wishes to continue pleading not guilty the Solicitor should withdraw from acting
Who should solicitors not make claims against?
Someone who cannot defend themselves
When withdrawing from a case, should the solicitor inform the court of their reason for withdrawing?
No- should simply state they can no longer act, otherwise this would breach duty of confidentiality to client
What prevails- the solicitor’s duty to their client or the solicitor’s duty to the court?
Duty to court to uphold rule of law and act in interests of justice
Why must all assertions/ evidence that a sol presents to the court be ‘properly arguable’
Because a solicitor has a duty not to waste the court’s time
