Duties of the Advocate

Question 1

What are the similarities and differences between the role of the prosecuting counsel and the defence counsel ?

Question 2

there is a duty to the client to, without fear, put forward all arguments that can assist his defence. However, where this duty conflicts with the duty to the court, the duty to the court is paramount.

Answer 2

Rondell v Worsley [1967] 3 All ER 993 –

Question 3

counsel has a duty to withdraw if instructed by a client to do something dishonorable.

Answer 3

Sankar v The State (1994) 46 WIR 452 –

Question 4

Barrister must not willfully mislead the court as to the law or facts.

Answer 4

Safi Ali v Sydney Mitchell & Co. –

Question 5

the attorney cannot simply allow the client to give false evidence if the client insists on it, it is the solicitor’s duty to withdraw.

Answer 5

Myers v Elman [1939] 4 All ER 484 –

Question 6

The principal duties of the lawyer to the court

Hint: DACE

Answer 6

• The general duty of disclosure
• The general duty not to abuse the process of the court
• The general duty not to corrupt the administration of justice
• the general duty to conduct cases before the courts efficiently and expeditiously

Question 7

the advocate in an ________ hearing has no duty to draw to the court’s attention ___________ which is unhelpful to his client’s case. However, in an ___________ hearing the advocate must make full and frank disclosure of all material facts.

Answer 7

Khudados v Hayden

Question 8

True or Flase

the withdrawing of an advocate from litgious matter is an exercise which must be undertaken with great care so as to not prejudice his client or interfere with the administration of justice

Answer 8

True

Question 9

what are some examples of breach of duty of the prosecuting Counsel

Answer 9

• using the final speech to give incriminating evidence
• making derogatory remarks about the defendant

Question 10

Who has a higher duty of disclosure, and what is the extent of that duty?

Answer 10

The prosecutor.

to disclose all facts and evidence known to him, whether they assist the prosecution’s case or not.

Question 11

what is the trilemma - of the duties of the defence counsel

Answer 11

• to accumulate as much knowledge as possible about the case,
• to hold it in confidence and yet
• never to mislead the court.

Question 12

what is the role of the trial judge

Answer 12

to hear and determine issues raised by the parties and not to conduct an investigation or examination on behalf of society

Question 13

True or False.

A trial judge has a right to put questions to witness to clarify an obscure answer or where the witness has obviously misunderstood a question, or sometimes to clear up matters of evidence

Answer 13

True.

Question 14

What are the types of interventions by a judge that would raise a quashing of a conviction.

Answer 14

• those that invite the jury to disbelieve the defence evidence
• those that make it impossible for counsel for the defence to present the defence properly
• those that have the effect of preventing the defendant from doing himself justice and presenting his own story.