Duty to the client

Question 1

Rule 35 - Promotion of client’s interest

Answer 1

Must promote/protect fearlessly and by all proper and lawful means the client’s best interests to the best of the barrister’s skill and diligence, and do so w/o regard to own interest or any consequences to the barrister or any other person

Question 2

Rule 36 - ADR

Answer 2

Must inform client or instructor about alternatives to fully contested adjudication of the case which are reasonably available to the client, unless believe ORG client already has such an understanding so to permit them to make decision in their best interests

Question 3

Rule 37 - Understanding case

Answer 3

Seek to assist client to understand the issues in the case and possible rights and obligations, sufficiently to permit the client to give proper instructions, including re: compromise/settlement

Question 4

Rule 38 - Advising accused

Answer 4

Unless circumstances warrant otherwise in barrister’s considered opinion, must advise client who is charged with a criminal offence about any law, procedure or practice which holds some advantage (inc. lower penalty) if the client PG; or authorises other steps towards reducing the issues, time, cost or distress involved in the proceeding.