C1- you and the court

Question 1

What is the outcome in which must be delivered by those conducting litigation and advocates who appear before the court?

Answer 1

that the court is able to rely on information provided to it and that the proper administration of justice is served. (oC1 and oC2)

Question 2

What must also be ensured to be compatible with the court being able to rely on information provided by advocates and that the proper administration of justice is served?

Answer 2

The interests of clients are protected to the extent (oC3)

Question 3

What is oC4?

Answer 3

those who appear before the court and clients understand clearly the extent of the duties owed to the court by advocates and those conducting litigation and the circumstances in which duties owed to clients will be overridden by the duty owed to the court.

Question 4

True or false: the public does not have confidence in the administration of justice and in those who serve it

Answer 4

False, the public DOES have confidence in the administration of justice and in those who serve it as mentioned in oC5

Question 5

Under rC3, as you owe a duty to the court, what other specific obligations does this include?

Answer 5

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 6

Under rC4, what is also subject to your duty to the court?

Answer 6

your duty to act in the best interests of each client

Question 7

Under rC5, what does your duty to the court does not require you to do?

Answer 7

to act in breach of your duty to keep the affairs of each client confidential

Question 8

Under rC6.1, what are the two obligations included in relation to your duty not to mislead the court?

Answer 8

make submissions, representations or any other statement or ask questions which suggest facts to witnesses which you know are untrue or misleading.

Question 9

under rC6.2, what must you also not do in relation to witnesses?

Answer 9

you mustn’t call witnesses to give evidence or put affidavits or witness statements to the court which you know or are instructed, are untrue or misleading unless you make clear to the court the true position as know by or instructed to you.