Bar Rules QLD Flashcards
what are the 3 general rules of advocacy?
do not engage in conduct which is
1. dishonest or discreditable.
2. prejudicial to the administration of justice.
3. likely to diminish public confidence in the in the legal profession or bring the legal profession into disrepute.
What are the bar rules made in the belief of?
- you owe your paramount duty to the administration of justice.
- must maintain high standards of professional conduct.
- must act honestly, fairly, skilfully and with competence and diligence.
- duties owed to courts, clients and colleagues.
- exercise judgment independently notwithstanding the desires of their clients.
- accept briefs, not refuse briefs, compete as advocates as often as possible.
What must a barrister avoid doing when they have been offered a brief?
- set the fee higher than what they ordinarily would.
- require a specific lawyer to also be instructed
- have an arrangement with someone which prevents them from accepting briefs
what number bar rule is the cab rank principle?
21
what are the exceptions to the cab rank principle?
Yes, 95, 97, 98, 99
what is the cab rank principle?
a barrister must accept a brief from a solicitor to appear before a court in a field which the barrister practises or professes to practise.
What is a barrister’s duty to the court?
overriding duty to act with independence in the interests of the administration of justice.
what is a barrister duty to the client?
protect and promote the clients interests fearlessly by all proper and lawful means without regard for his own interests.
what are a barristers 4 duties to the client?
- promote and protect the client’s interests fearlessly by all proper and lawful means
2.inform the client about alternatives to fully contested adjudication. - assist the client to understand the issues in the case so that they can give proper instructions
- advise a criminal client matter about possible diminution of penalty available for a guilty plea.
5 ways a barrister can ensure they maintain independence
- Not act as a mere mouthpiece for the client or instructing solicitor. Must exercise forensic judgments independently
- do not give your personal opinion on the merits of evidence or an issue
- deal with the court in terms of personal familiarity
- don’t give anyone gifts in return for work
- Loan money from the client
In maintaining your independence, you will not breach your duty to the client by doing the following 3 things…
- confine the hearing to the real issues
- present a case quickly and simply
- inform the court of any persuasive authority against the client
5 duties to your opponent
- don’t knowingly make a false statement
- avoid dealing with someone else’s client (there are exceptions)
- deal with anyone that is unrepresented (there is an exception)
- communicate with the court in your opponent’s absence
- raise matters with the court which your opponent has not already consented to.
what should you do if your client has reasonable grounds to seek an adjournment?
take steps to inform your opponent. try to get your opponent’s consent to inform the court
6 things a barrister can do to ensure the efficient administration of justice?
- perform work within sufficient time or, if you cannot, inform the client
- confine case to the issues in dispute
- have case ready to be heard
- present case clearly and succinctly
- limit cross examination
- occupy as short a time in court as is necessary
What are the 4 things you must do when invoking the coercive powers of the Court?
- material available to you reasonably justifies making a claim
- making a claim is appropriate for the robust advancement of the case
- ensure it’s not done to harass or embarrass someone
- ensure it’s not done for some collateral purpose
When making allegations under privilege, what 3 things should a barrister be careful not to do?
- allegations are justified by material available to the barrister
- only do so if appropriate for the robust advancement of the case
- do not do so to embarrass or harass someone.
If a question involves sexual assault, indecent assault or the commission of an act of indecency
check rules 61 and 62
In what circumstances is barrister precluded from alleging a matter of fact?
If there are not reasonable grounds for a barrister to do so, then the following circumstances:
1. Court docs settled by the barrister
2. submissions during a hearing
3. opening address
4. closing address
When can a barrister allege a fact amounting to criminality, fraud or other serious misconduct unless
he believes on reasonable grounds that
1. there’s a proper basis for it from available material
2. client wishes allegation to be made and aware of the consequences if it’s not made out.
3. instructing solicitor presents the material to the barrister
When can a barrister make a suggestion in cross-examination on credit?
If he believes on reasonable grounds that acceptance of the suggestion would diminish the witnesses credibility
If there is a question on cross examining witnesses, what section of the bar rules will be relevant?
Responsible use of court process and privilege.
Can you disclose the identity of someone not involved in a case when making submissions in mitigation of the client’s criminality?
you should avoid doing so unless you believe on reasonable grounds that it’s necessary to do so.
What are 5 ways a barrister can maintain integrity of evidence?
- advise a client to give false or misleading evidence
- coach a witness
- confer with more than one lay witness at the same time
- avoid conferring with a witness while they are under cross examination
- take any step to discourage a witness from conferring with an opponent
If the question is with respect to a criminal matter, which section ought to be considered?
Delinquent or guilty client’s
