Duties to the Court and Third Parties

Question 1

Can a solicitor refuse to act?

Answer 1

solicitor never obliged to act in a case, provided that the solicitor does not discriminate

Question 1

What duty does a solicitor have towards the court?

Answer 1

• duty not to mislead the court
• not to misconduct the litigation
• not manipulate the witness
• duty to disclose law and facts

Question 2

Can a solicitor wish to instruct counsel?

Answer 2

Instructing counsel should not be a matter of routine. Where the client wants a instructing counsel then the solicitor will consider it based on the complexity of the case and there own experience

Question 3

Choosing an legal advocate (counsel)?

Answer 3

Solicitor must exercise care in choosing the appropriate barrister for the case, taking into consideration the experience and seniority of counsel available.
Solicitor may consult client when choosing a barrister however, must consider the motivation behind any input from the client

Question 4

Should a solicitor rely upon the advice of counsel?

Answer 4

Solicitor is entitled to rely on advice but should always exercise own independent judgement

Question 5

Who is responsible for the counsel fee?

Answer 5

Solicitor is personally liable for counsel fee, therefore should request that client provides money on account to cover the fee

Question 6

What duties does solicitor have for third parties?

Answer 6

• Not to take unfair advantage
• Not to take unfair advantage of a public office held by solicitor, a member of their family, or their firm
• not to give false reference
• Not to use offensive language
• Duty to care for beneficiaries
• Contacting a represented third party
• Agent costs