Duty to the client Flashcards
A barrister in advancing his or her client’s interest must? (hint 4)
r 37 promote and protect fearlessly and by all proper means the clients best interests and do so without regard to own interest or to an consequences to the barrister
r 38 a barrister must inform the client or IS about the alternatives as to fully contested litigation which are reasonably available
r 30 barrister must seek to assist the client to understand the issues in the case and client’s possible rights to permit the client to give proper instructions in connection with any comprise of the case
r 31 must advise the client who is charged with a criminal offence about any law or procedure whihc holds out the prospect of some advantage (ie reduction of penalty) if the client pleads guilty or authorises steps towards reducing the issues, time, cost or distress involved in the proceedings
Where there is a conflict between the duty to the client and the duty to the court/admin of justice which prevails?
A barrister has a paramount duty to the court to act with independence in the interest of the administration of justice which over rides any duty to the client.
