Jersey Code of Conduct Flashcards
Rule 2. Standards
2. Standards
It is the duty of every member at all times to uphold the dignity and high ethical and technical standards of the legal profession, and to adhere to the terms of the oath sworn before the Royal Court. A member has an overriding duty to the Court to ensure in the public interest that proper and efficient administration of justice is achieved. A member must assist the Court in the administration of justice and must not deceive or knowingly or recklessly mislead the Court.
For example:-
(1) A member must exercise independence of judgement and promote and protect the best interests of the client.
(2) A member shall not permit integrity or professional standards to be compromised at the instance of the client or any third party.
(3) A member or a member’s firm must not act where the member’s or that firm’s own interests conflict with those of the client or, subject to the last sentence of this Sub Rule (3), in any matter where a conflict of interests or duty, or a significant risk thereof, arises between two or more clients of a member’s firm. Neither a member nor a member’s firm may act for two or more clients in relation to matters in which there is dispute between those clients. A member must bear in mind the obligation to advise in the best interests of the client, the duty owed to each individual client and the extent to which such duty
continues in respect of a former client following termination of the retainer. In non-contentious transactions, a member or a member’s firm may act for more than one client whose interests conflict in the transaction only with the written consent of all clients who are party to such a transaction.
(4) A member or a member’s firm may act for the adversary of a former client provided that such member or member’s firm is not privy to confidential information in respect of the former client relevant to such dispute.
(5) A member’s firm shall properly manage and administer its practice and shall ensure that appropriate arrangements are in place for supervision of qualified and unqualified staff, and for making them aware of those parts of this Code of Conduct which are relevant to their respective roles in the firm.
(6) A member shall attend to all client affairs with the same degree of diligence and shall answer all correspondence within a reasonable time.
(7) A member shall do nothing to compromise or impair a person’s freedom of choice in placing instructions for legal services, save that nothing herein shall prevent a member who is charged with administering the Legal Aid Scheme from allocating a lawyer to an applicant in the customary way.
(8) A member shall not allow a client to require as a condition to a transaction that the other party also instruct such member or the firm of such a member.
(9) A member shall aim to practise in such a way as to avoid discriminating against a client on grounds of race, colour, ethnic or national origin, nationality, citizenship, gender, sexual orientation, marital status, disability, religion or political persuasion.
(10) A member shall act towards other members with frankness and good faith consistent with the overriding duty to the Court and the duty to the client. A member shall observe the requirement of good manners and courtesy towards other members and their employees even although there may be matters of bitter contention between clients. A member shall not write offensive letters to other members or to their employees.
(11) A member shall not deceive the Committee or any member or knowingly permit a client to do so.
(12) A member shall report to the President if convicted of any offence other than a minor road traffic offence.
Rule 3. Legal Aid
3. Legal Aid
Members will discharge their obligations under their respective oaths to represent “veuves, pauvres et personnes indefendues” through the scheme adopted by a unanimous resolution of the Bar passed on the 20 August 1904, namely that members in practice for less than 15 years will represent such persons “à tour de rôle” as directed by the Bâtonnier or those acting for him in accordance with the guidelines approved by the Society from time to time or in such other way as the Society in general meeting may from time to time decide.
Rule 15. Recording
15. Recording
An electronic recording of a conversation with another member or the staff of another member’s firm shall not be made without prior written advice that the conversation will be recorded and the provision, if required, within a reasonable time, of a transcript thereof to the other member or the member’s firm at a reasonable cost.
Rule 18. Malicious Proceedings, etc.
18. Malicious Proceedings, etc.
A member shall guard against instituting proceedings on behalf of a client which on good and reasonable grounds such member considers to be instituted only for the purpose of gratifying the client’s anger, ill-will or malice towards another person or persons. In particular, a member shall at all times guard against asking questions in litigation, which are only intended to insult or annoy either a witness or any other person and should exercise discretion and judgement both as to the substance and the form of questions put in cross-examination which go only to the credit of the witness. A member shall not include in any pleading an allegation of fraud unless such member has possession of reasonably credible material from which a prima facie case of fraud can be established.
Rule 19. Duty to assist Court
19. Duty to assist Court
(1) A member shall bear in mind that whilst an advocate’s primary function is to present the case for a client to its best advantage, there is no requirement to win the case at all costs. The fundamental principle to guide the member is that an advocate’s function is to assist the Court to reach a just decision on the facts properly adduced before it in accordance with a correct interpretation of the law.
(2) A member shall not consciously deceive the Court or state facts to the Court which the member knows to be untrue. The member shall bring to the notice of the Court every relevant legal authority which such member’s researches have revealed, even although they may be adverse to the case of a client.
Rule 20. Duty as to Evidence
20. Duty as to Evidence
A member shall not invent a defence for a client nor suggest to the client or to a witness the use of words in evidence which would distort the facts.
A member shall, if reasonably possible, avoid the naming in open Court of third parties whose characters would thereby be impugned.
A member shall not by assertion in a speech impugn a witness where there has been an opportunity to cross-examine unless in such cross-examination the witness has had opportunity to answer the allegation.
Rule 21. Duty as to Criminal Cases
21. Duty as to Criminal Cases
If a client charged with a criminal offence admits to a member the commission of the offence but insists on a plea of not guilty, the member must tell the client that such an admission will place strict limitations on the member’s conduct of the case. The member shall not put the client in the witness box to protest his or her innocence or put forward any arguments suggesting that some other person has committed the offence charged. Subject to these limitations the member may properly continue the defence, may require the Crown fully to prove its case, may take any technical objections and may argue that there is insufficient evidence to justify a conviction. If the client refuses to accept these limitations, the member shall withdraw from the case.
Rule 22. Duty as to Civil Cases
22. Duty as to Civil Cases
When instructed by a client in a contentious matter, a member shall have a positive and continuing obligation to canvass with the client, in a fully informed manner, all available dispute resolution processes.
Rule 23. Use of Opponent’s Document
23. Use of Opponent’s Document
(1) A member shall not himself obtain or seek to obtain a document or knowledge of the contents of a document belonging to another party otherwise than by means of the normal and proper channels for obtaining such documents or such knowledge.
(2) Where during the course of legal proceedings whether before, during or after a trial or hearing a member for one party receives as part of or in the course of his or her instructions, a document which appears to be a document belonging to another party (or a copy thereof) and to be privileged from discovery or otherwise to be one which ought not to be in the possession of such member, client or instructing solicitors, then before such member makes any use of such document:
(a) the member shall make appropriate inquiries of his or her client or instructing solicitors in order to ascertain the circumstances in which the document was obtained; and
(b) unless satisfied that the document has been properly obtained in the ordinary course of events, the member should inform his or her opponent of such member’s intention to use the document and of the circumstances (so far as known) in which the document has been obtained.
(3) In the event of objection by the opponent to the use of such document the matter shall be referred to the Court for it to determine what use, if any, may be made thereof.
(4) Subject to the foregoing sub rules and to the provisions of this Rule 23, a member is under a duty, unless the Court otherwise orders, to make all and such use of such document as would be in his or her client’s interests.
Rule 24. Continuous Professional Development.
24. Continuous Professional Development
A member shall complete a minimum of 15 hours of Continuous Professional Development (CPD), as defined in the Guidelines issued by the Society from time to time, in each calendar year. Members who work on a part time basis are not exempt from this requirement. Associate and Retired members are not required to undertake CPD.
Each member shall ensure that they (or their firm on their behalf) have filed a return with the Secretary of the Society confirming that they have complied with their CPD requirement, such return to be filed on or before 31 January in the year following that to which the confirmation relates. Each member shall be ready to produce their CPD record to the Society on request.
