Core Duties Flashcards

1
Q

What is Core Duty 1?

A

You must observe your duty to the court in the administration of justice

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2
Q

What is Core Duty 2?

A

You must act in the best interests of each client

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3
Q

What is Core Duty 3?

A

You must act with honesty and integrity

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4
Q

What is Core Duty 4?

A

You must maintain your independence

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5
Q

What is Core Duty 5?

A

You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession

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6
Q

What is Core Duty 6?

A

You must keep the affairs of each client confidential

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7
Q

What is Core Duty 7?

A

You must provide a competent standard of work and service to each client

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8
Q

What is Core Duty 8?

A

You must not discriminate unlawfully against any person

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9
Q

What is Core Duty 9?

A

You must be open and co-operative with your regulators

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10
Q

What is Core Duty 10?

A

You must take reasonable steps to manage your practice, or carry out your role within your practice, competently and in such a way as to achieve compliance with your legal and regulatory obligations

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11
Q

You must observe your duty to the court in the administration of justice. Which Core Duty?

A

Core Duty 1

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12
Q

You must maintain your independence. Which Core Duty?

A

Core Duty 4

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13
Q

You must be open and co-operative with your regulators. Which Core Duty?

A

Core Duty 9

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14
Q

You must not discriminate unlawfully against any person. Which Core Duty?

A

Core Duty 8

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15
Q

You must be open and co-operative with your regulators. Which Core Duty?

A

Core Duty 9

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16
Q

You must act in the best interests of each client. Which Core Duty?

A

Core Duty 2

17
Q

You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession

A

Core Duty 5

18
Q

You must keep the affairs of each client confidential. Which Core Duty?

A

Core Duty 6

19
Q

You must take reasonable steps to manage your practice, or carry out your role within
your practice, competently and in such a way as to achieve compliance with your legal and
regulatory obligations. Which Core Duty?

A

Core Duty 10

20
Q

You must provide a competent standard of work and service to each client. Which Core Duty?

A

Core Duty 7

21
Q

What are the 5 Conduct rules at rC3?

A

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.

22
Q

What is rC4?

A

Your duty to act in the best interests of each client is subject to your duty to the court.

23
Q

What is rC5?

A

Your duty to the court does not require you to act in breach of your duty to keep the affairs of each
client confidential.

24
Q

Your duty not to mislead the court or to permit the court to be misled will include the following obligations. You must not:

A) Make submissions, representations or any other statement; or

B) Ask questions which suggest facts to witnesses
which you know, or are instructed, are untrue or misleading.

A

rC6(1)

25
Q

What is rC7.2?

A

You must not:

A) make submissions, representations or any other statement; or

B) ask questions which suggest facts to witnesses
which you know, or are instructed, are untrue or misleading.

26
Q

What is rC7.3?

A

You must not make a serious allegation against any person, or suggest that a person is guilty of a
crime with which your client is charged unless:

A) You have reasonable grounds for the allegation; and

B) The allegation is relevant to your client’s case or the credibility of a witness; and

C) Where the allegation relates to a third party, you avoid naming them in open court unless this is reasonably necessary.

27
Q

What is rC7.4?

A

You must not put forward to the court a personal opinion of the facts or the law unless you are
invited or required to do so by the court or by law.

28
Q

Where are these Conduct Rules found:

  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.

?

A

rC3