Preliminary Rules

Question 1

Rule 3: Objects (ensure that - principles; independently; recognise; provide)

Answer 1

Object of rules is to ensure that barristers:

● (a) Act in accordance with the general principles of professional conduct
● (b) Act independently
● (c) Recognise / discharge their obligations in relation to the administration of justice
● (d) Provide services of the highest standard unaffected by personal interest

Question 2

Rule 4: PRINCIPLES (paramount; high standards; special advocates must act; duties; forensic judgment; better secured (accept; refuse; specialist))

Answer 2

Rules made in the belief that:
● (a) barristers owe paramount duty to the administration of justice
● (b) barristers must maintain high standards of professional conduct
● (c) barristers as specialist advocates in the administration of justice must act honestly, fairly, skilfully, bravely and with competence and diligence
● (d) barristers Owe duties to courts, their clients and 2 their barrister/solicit colleagues
● (e) Exercise forensic judgment and give their advice independently and for the proper administration of justice, notwithstanding any contrary desires of their clients
● (f) Provision of advocates for those who need legal representation is better secured if there is a bar whose members:
○ (i) Must accept briefs to appear regardless of their personal beliefs
○ (ii) Must not refuse briefs except on proper professional grounds; and
○ (iii) Compete as specialist advocates with each other and other legal practitioners as widely and as often as possible.

Question 3

Rule 7 – Other standards

Answer 3

Rules not intended to be complete or detailed code of conduct for barristers. Other standards for, requirements of and sanctions on conduct of barristers are found in the inherent disciplinary jurisdiction of the Supreme Court, the legislation regulating the legal profession and in the general law (including the law relating to contempt of court).