Independence

Question 1

Rule 42 - Independence

Answer 1

Not act as mere mouthpiece of the client, exercise forensic judgment independently, after appropriate consideration of client and instructor’s wishes where practicable.

Question 2

Rule 43 - Forensic judgments (confine hearing, present case, inform court)

Answer 2

Does not breach duty to client by choosing contrary to those wishes to exercise forensic judgments so as to:
○ (a) Confine any hearing to issues barrister believes to be the real issues
○ (b) Present case as quickly and simply as may be consistent with its robust advancement
○ (c) Inform the court of any persuasive authority against the client’s case

Question 3

Rule 44 - Withhold personal opinion

Answer 3

A barrister must not make submissions or express views to a court on any material evidence or issue in the case in terms which convey or appear to convey the barrister’s personal opinion on the merits of that evidence or issue.

Question 4

Rule 45 - Avoid familiarity

Answer 4

Don’t converse with court in presence of any of the parties or solicitors in terms of informal personal familiarity that suggests special favour with the court

Question 5

Rule 46 - Payments or gifts

Answer 5

Don’t make payment or gift to any person by reason of or in connection with the introduction of professional work by that person to the barrister

Question 6

Rule 47 - Undue influence

Answer 6

Must not exercise undue influence on client intended to dispose client to give barrister more than fair remuneration for legal services provided

Question 7

Rule 48 - Financial dealings

Answer 7

Barrister must not receive any money / property by way of loan from any client, relative of a client or a business entity of which a client is a director, partner or manager, during the course of a retainer with that client unless the ordinary business of the client, client’s relative or the business entity includes lending money.