Bar Rules QLD

Question 1

what are the 3 general rules of advocacy?

Answer 1

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.

Question 2

What are the bar rules made in the belief of?

Answer 2

1. you owe your paramount duty to the administration of justice.
2. must maintain high standards of professional conduct.
3. must act honestly, fairly, skilfully and with competence and diligence.
4. duties owed to courts, clients and colleagues.
5. exercise judgment independently notwithstanding the desires of their clients.
6. accept briefs, not refuse briefs, compete as advocates as often as possible.

Question 3

What must a barrister avoid doing when they have been offered a brief?

Answer 3

1. set the fee higher than what they ordinarily would.
2. require a specific lawyer to also be instructed
3. have an arrangement with someone which prevents them from accepting briefs

Question 4

what number bar rule is the cab rank principle?

Answer 4

21

Question 5

what are the exceptions to the cab rank principle?

Answer 5

Yes, 95, 97, 98, 99

Question 6

what is the cab rank principle?

Answer 6

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.

Question 7

What is a barrister’s duty to the court?

Answer 7

overriding duty to act with independence in the interests of the administration of justice.

Question 8

what is a barrister duty to the client?

Answer 8

protect and promote the clients interests fearlessly by all proper and lawful means without regard for his own interests.

Question 9

what are a barristers 4 duties to the client?

Answer 9

1. promote and protect the client’s interests fearlessly by all proper and lawful means
   2.inform the client about alternatives to fully contested adjudication.
2. assist the client to understand the issues in the case so that they can give proper instructions
3. advise a criminal client matter about possible diminution of penalty available for a guilty plea.

Question 10

5 ways a barrister can ensure they maintain independence

Answer 10

41. Not act as a mere mouthpiece for the client or instructing solicitor. Must exercise forensic judgments independently
42. do not give your personal opinion on the merits of evidence or an issue
43. deal with the court in terms of personal familiarity
44. don’t give anyone gifts in return for work
45. Loan money from the client

Question 11

In maintaining your independence, you will not breach your duty to the client by doing the following 3 things…

Answer 11

1. confine the hearing to the real issues
2. present a case quickly and simply
3. inform the court of any persuasive authority against the client

Question 12

5 duties to your opponent

Answer 12

1. don’t knowingly make a false statement
2. avoid dealing with someone else’s client (there are exceptions)
3. deal with anyone that is unrepresented (there is an exception)
4. communicate with the court in your opponent’s absence
5. raise matters with the court which your opponent has not already consented to.

Question 13

what should you do if your client has reasonable grounds to seek an adjournment?

Answer 13

take steps to inform your opponent. try to get your opponent’s consent to inform the court

Question 14

6 things a barrister can do to ensure the efficient administration of justice?

Answer 14

1. perform work within sufficient time or, if you cannot, inform the client
2. confine case to the issues in dispute
3. have case ready to be heard
4. present case clearly and succinctly
5. limit cross examination
6. occupy as short a time in court as is necessary

Question 15

What are the 4 things you must do when invoking the coercive powers of the Court?

Answer 15

1. material available to you reasonably justifies making a claim
2. making a claim is appropriate for the robust advancement of the case
3. ensure it’s not done to harass or embarrass someone
4. ensure it’s not done for some collateral purpose

Question 16

When making allegations under privilege, what 3 things should a barrister be careful not to do?

Answer 16

1. allegations are justified by material available to the barrister
2. only do so if appropriate for the robust advancement of the case
3. do not do so to embarrass or harass someone.

Question 17

If a question involves sexual assault, indecent assault or the commission of an act of indecency

Answer 17

check rules 61 and 62

Question 18

In what circumstances is barrister precluded from alleging a matter of fact?

Answer 18

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

Question 19

When can a barrister allege a fact amounting to criminality, fraud or other serious misconduct unless

Answer 19

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

Question 20

When can a barrister make a suggestion in cross-examination on credit?

Answer 20

If he believes on reasonable grounds that acceptance of the suggestion would diminish the witnesses credibility

Question 21

If there is a question on cross examining witnesses, what section of the bar rules will be relevant?

Answer 21

Responsible use of court process and privilege.

Question 22

Can you disclose the identity of someone not involved in a case when making submissions in mitigation of the client’s criminality?

Answer 22

you should avoid doing so unless you believe on reasonable grounds that it’s necessary to do so.

Question 23

What are 5 ways a barrister can maintain integrity of evidence?

Answer 23

1. advise a client to give false or misleading evidence
2. coach a witness
3. confer with more than one lay witness at the same time
4. avoid conferring with a witness while they are under cross examination
5. take any step to discourage a witness from conferring with an opponent

Question 24

If the question is with respect to a criminal matter, which section ought to be considered?

Answer 24

Delinquent or guilty client’s

Question 25

What do you do if you find out your client has lied during a hearing or while judgment is pending?

Answer 25

must refuse to take further part in the case unless the client authorises the barrister to inform the court of the lie.

Question 26

What are 6 things you do if your client has confessed his guilt to you but maintains a plea of not guilty?

Answer 26

1. must not set up an affirmative case.
2. must put the prosecution to proof
3. must not suggest someone else is guilty
4. may argue the evidence does not prove guilt
5. may argue that for some reason of law the client is not guilty
6. withdraw if the client insists on giving evidence denying guilt

Question 27

What should you do if a client intends to disobey a Court order?

Answer 27

1. advise them of the dangers of doing so
2. do not advise as to how they can conceal that course
3. not inform the opponent of the client’s intention

Question 28

Process for every question

Answer 28

1. identify the ethical principle behind the bar rules and the reason for it.
2. answer question and identify the relevant rule or legislative provision
3. apply the content of the bar rule
4. identify where an active role in pursuing ethical behaviour is required of the barrister, client or solicitor

Question 29

What is the duty of a prosecutor? (3 prongs)

Answer 29

assist the court arrive at the truth, have the whole of the relevant evidence put intelligently before the court and assist the court with adequate submissions of law.

Question 30

What are the 5 things a prosecutor must not do as part of his duty to the court

Answer 30

1. press the case beyond a full and firm presentation
2. seek to inflame or bias the court
3. argue any fact or law that will not contribute to a finding of guilt
4. inform the court that it has evidence unless that evidence is available
5. interview an accused except in the presence of their lawyer

Question 31

Can a barrister return a brief in order to accept a different brief?

Answer 31

If you have consent of the solicitor and client after you have informed them of the circumstances

Question 32

Can a barrister return a brief to attend a social occasion?

Answer 32

not unless client and solicitor expressly permit the barrister to do so

Question 33

Can a barrister hand over a brief to another barrister for an appearance?

Answer 33

If the solicitor and client have consented.

Question 34

What do you do if you are briefed to appear for 2 or more parties and there’s a possible conflict?

Answer 34

return the brief for all parties or just one to remove the conflict

Question 35

What should you do if you obtain information about another person which you are prohibited from disclosing and it’s material to your client’s case?

Answer 35

return the brief (unless the person who the information is about consents)

Question 36

What should you do if you think the client has a claim against their solicitor?

Answer 36

Inform the solicitor. Inform the client in the instructing solicitors presence if they do not agree to inform the client

Question 37

what does a prosecutors duty of fairness and impartiality manifest in?

Answer 37

duty to disclose
call all relevant witnesses
submissions on sentence

Question 38

what bar rule refers to a prosecutors detachment and need for self control

Answer 38

must not press for conviction beyond a full and firm presentation of the case