Ethical issues (Scenario's)

Question 1

You are drafting a statement of case, be aware of:

Answer 1

MISLEADING THE COURT
The document must not contain:
-Any statement of fact or contention that is not supported by your client or instructions
-Any contention which you don’t consider to be arguable
-any allegation of fraud without clear instructions and reasonably credible evidence
-any statement other than the evidence you reasonably believe the witness would give orally

Question 2

Should you draw the courts attention to an authority that undermines your case and your opponent has not mentioned?

Answer 2

Yes- Even more so if the opposition is not represented.

Question 3

If your client refuses disclosure, what should you do?

Answer 3

Ask client for permission to disclose
If permission is not given, cease to act and return instructions.
Remember not to tell the court why.

Question 4

The prosecution doesn’t have all of your clients previous convictions, what should you do? (mandatory minimum sentence)

Answer 4

You should tell your client that they must inform the court, otherwise an unlawful sentence may be passed.
If they do not consent, return your instructions.

Question 5

The prosecution doesn’t have all of your clients previous convictions, what should you do? (non-mandatory minimum)

Answer 5

You can still represent them but you have to be very careful about what you say.
You cannot say anything that suggests they haven previous convictions.
If you are asked directly, you cannot lie. You must try to get your clients consent, If they refuse, cease to act.

Question 6

You are not experienced enough for the instructions you have received, what should you do?

Answer 6

Advise your client to instruct a barrister with different experience or more senior.