General Rules and Work of a Barrister

Question 1

8 General (dishonest; prejudicial; diminish)

Answer 1

● Barrister must not engage in conduct which is:
○ (a) Dishonest or otherwise discreditable to a barrister
○ (b) Prejudicial to the administration of justice
○ (c) Likely to diminish public confidence in the legal profession or administration of justice or otherwise bring the legal profession into disrepute

Question 2

9 ANOTHER VOCATION (adversely; impair; prejudice)

Answer 2

● Can’t engage in one which:
○ (a) Liable to adversely affect barristers own reputation or that of the legal profession
○ (b) Likely to impair or conflict with barristers duties to clients
○ (c) Prejudices barristers ability to attend properly to the interests of the barrister’s clients

Question 3

10 USE OF QUALIFICATION (rule + exception)

Answer 3

● Can’t use title of barrister for advancement of any other occupation or activity or for private advantage unless it is usual or reasonable in the circumstances

Question 4

11 Barrister’s Work (appearing/prepping/negotiating/representing/giving/preparing/carrying/suchotherwork)

Answer 4

Barristers’ work consists of:

(a) Appearing as an advocate
(b) Prepping 2 appear as advocate
(c) Negotiating for client with opponent to compromise case
(d) Representing client in ADR (mediation, arbitration etc.)
(e) Giving legal advice
(f) Preparing or advising on documents to be used by client or others in relation to client’s case or other affairs
(g) Carrying out work properly incidental to all of these
(h) such other work as is from T2T commonly carried out by barristers

Question 5

Rule 12 - Sole practitioner (partnership/employer (of any LP as LP)/’ee/director of ILP/by or through ULP)

Answer 5

Barrister is a sole practitioner and must not:

● (a) Practice in partnership with any person;
● (b) Practice as an employer of any LP who acts as LP in course of that employment
● (c) Practise as the employee of any person
● (d) Be a director of an incorporated legal practice
● (e) Practice by or through an unincorporated legal practice

Question 6

Rule 13 - What barrister can’t do (agent; correspondence; witness risk; representative; address for service; commence; conveyance; administer any trust estate; probate; incorporate companies; prepare; hold)

Answer 6

a) Act as a person’s general agent or attorney in relation to that person’s business or dealings with others
● (b) Conduct correspondence in the barrister’s name on behalf of any person other than with the opponent for them
● (c) Place themselves at risk of becoming a witness by investigating facts for purposes of appearing as advocate or giving legal advice, otherwise than by:
○ (i) Conferring with client, instructor or prospective witnesses or experts
○ (ii) Examining documents provided by instructor or client or produced to court
○ (iii) Viewing a place/things by arrangement with instructing solicitor or client
○ (iv) Library research
● (d) Act as the person’s only representative in dealings with the Court, otherwise than when actually appearing as an advocate
● (e) Be the address for service of any document or accept service of any document
● (f) Commence pr’ngs / file (other than file in Court) / serve any process of any court
● (g) Conduct the conveyance of any property for any other person
● (h) administer any trust estate or fund for any other person
● (i) Obtain probate or letters of administration for another person
● (j) Incorporate companies or provide shelf companies for another person
● (k) Prepare of lodge returns for another person unless registered or accredited to do so under the applicable tax legislation
● (l) Hold, invest or disburse any funds for another person

Question 7

Rule 14 - exceptions to Rule 13

Answer 7

can do all the below without fee in barrister’s private capacity though not as barrister or legal practitioner

Question 8

Rule 15 - specific exceptions to Rule 13 (three)

Answer 8

Barrister does not breach rule:
13(a) act as a person’s general agent or attorney in that person’s business or dealings with others,
(h) administer any trust estate or fund for any other person
(l) hold, invest or disburse any funds for any other person.
if the barrister becomes such an agent, is appointed so to act or becomes responsible for such funds as a private person and not as a barrister or legal practitioner.

Question 9

Rule 16 - Request to do prohibited work

Answer 9

If asked to do any of the above in capacity as barrister (or asked something and appears likely will involve the above) must promptly inform the person:
● (a) Of the effect of rules 11-13 as applicable; and
● (b) If it is the case, that solicitors are capable of providing those services to that person.