DISPUTE RESOLUTION AND PROCEEDINGS BEFORE COURTS,TRIBUNALS, AND INQUIRIES

Question 1

Mishandling Evidence

Answer 1

You must not misuse or tamper with evidence, or attempt to do so. You also must not seek to infuence the substance of evidence (for example, generate false evidence or persuade witnesses to change their evidence).

Question 2

Compensating Witnesses

Answer 2

You must not provide or ofer to provide any beneft to a
witness if the beneft is dependent upon the nature of the
evidence or the outcome of the case.

Exam Tip
It is not a breach to pay a witness’s legitimate travel
expenses, or to pay a witness for the earnings they
would lose by not attending work. Instead, watch out for a payment that (1) is made so that the witness will give
evidence that is favourable, or (2) is contingent on a
favourable result in the case.

Question 3

RESPECT FOR THE COURT

Answer 3

1. Wasting Time
   All assertions, representations, or statements you make to the court or others must be **properly arguable. **–you cannot bring baseless claim, or reckless calling a witness whos evidence would mislead court, or make accusation against someone who cannot defend themselves(for instance someone who is not a party to the procedding ).
2. Complying with Court orders such as filing documents to the court. Otherwise would be contempt of court.
3. drawing court’s attention to relevant case or statutes and procedural irregularities if they are likely to have **material effect **on the outcome.
   Exam Tip
   If your opponent fails to mention a relevant case or statutory provision, you should disclose it to the court even if it would harm your client’s position in the matter.

If your client told you his was guilty but asked you to plea not guilty in the court, you must not allow the client to give evidence that he is not guilty. If client insist, you must withdraw.—- **you must not mislead the court. **

your duty to not mislead the court over your duty to protect your client’s interests.