The Conduct Rules

Question 1

According to c1 who is the court able to rely information on ?

Answer 1

The court is able to rely on information provided to it by those conducting litigation AND by advocates who appear before it

Question 2

What does ?

Answer 2

That the proper administration of justice is served

Question 3

To what extent does C3 provide protection?

Answer 3

The interest of clients are protected to the extent compatible with outcome of C1 and C1 and the Core duties

Question 4

True or False

Those who appear before the court and the client understand the extent of duties owed to the court by advocates conducting litigation in which duties owed to clients WILL eb override by the duty owed to the ocurt.

Answer 4

True

C4

Question 5

What does C5 state?

Answer 5

The public has confidence in the administration of justice and in those who serve it

Question 6

Under rC3 what duty do you have to the court?

Answer 6

Duty to act with independence in the interest of justice.

This overrides any inconsistent obligations

Question 7

What obligations does rC3 include?

Answer 7

1. You must not knowingly or recklessly mislead or attempt to mislead the court
2. You must not abuse your role as an advocate
3. You must take reasonable steps to avoid wasting the courts time
4. You must take reasonable steps to ensure that the court has before it all relevant decisions and legislative provisions
5. You must ensure that your ability to act independently is not compromised

Question 8

What conduct rule - rC4 state ?

Answer 8

Your duty to act in the best interest of each client is subject to your duty to the court

Question 9

True or false

Your duty to the court does not require you to act in breach of your duty to keep the affairs of the client confidential

Answer 9

True

Question 10

What conduct rule states the following:

You must not make submissions, representations or any other statements

Answer 10

rC6

Question 11

True or false

You must not ask questions which suggest facts to witnesses which you know, or are instructed, are untrue or misleading

Answer 11

True

rC6 1b

Question 12

Why must you not call witnesses to give evidence or put affidavits or witness statements to the court which you know or are instructed are untrue or misleading, unless you make clear the court the true position as known by or instructed to you.

Answer 12

It is viewed as misleading subject to rC6 2.

Question 13

Complete this statement subject to gC4

You must not __________ mislead the court includes being complicit to another person misleading the court

Answer 13

gC4 1

‘Knowningly’

Question 14

What does misleading the court consist of according to gC4 ?

Answer 14

being complicit with another person misleading the court

inadvertently misleading the court and not correcting it when you realise

recklessly - being indifferent to the truth or not caring if something is true or false

Question 15

Does duty continue to apply for the duration of the case?

Answer 15

Yes

gC4 4.

Question 16

What CD does gc6 support?

Answer 16

CD2

Question 17

Does your duty to the court prevent you from putting forward a client’s case simply because you dont believe in the facts of the case?

Answer 17

No (gC6)

as long as any positive case you put forward accord with your instructions and you do not mislead the court

Question 18

What is your role when acting as an advocate or conducting litigation?

Answer 18

(gC6)

To present your client’s case, and it is not for you to decide whether your client’s case is to be believed

Question 19

Are you entitled to draw to the witness attention other evidence which is in conflict to what they have said?

Answer 19

gC7

Yes as you are entitled to indicate that a court may find a specific piece of evidence difficult to accept

Question 20

What should happen if the witness is certain that their evidence is true?

Answer 20

It should be recorded in the witness statement, therefore wont be misleading the court IF you call the witness to confirm their statement

Question 21

You will be in breach if you call a hostile witness who evidence you are instructed is untrue

Answer 21

You will not in breach of rule rC6 as long as you make the position clear to the court

Question 22

what is your duty to the client and court in accordance to rc6?

Answer 22

gC9

act in the best interest of your client subject to the duty of the court

Question 23

Would you be breaching the court if you were to set up a positive case inconsistent with the confession?

Answer 23

Yes,

it would be misleading the court and therefore be in breach of Rules rC5 and rC6

Question 24

Give an example of setting up positive case inconsistent with the confession

Answer 24

Suggesting to prosecution witness: Calling client/witness to show or submitting to the jury that your client did not commit the crime

Suggesting that someone else has done it

putting forward an alibi

Question 25

If there is risk of misleading the court after finding out confidential information do you need consent from client?

Answer 25

gC11

Yes, you should ask the client for permission to disclose information to the court

Question 26

What should you do if your client rejects permission to disclose confidential info to the court that is of risk of misleading the court?

Answer 26

gC11

You must cease to act and return your instructions under Rules rC25 to rC27

Question 27

If your client has previous convictions that the pros is not aware of, must you disclose them?

Answer 27

gC12

You cannot disclose the info without their permission

Question 28

Does disclosing previous convictions change in mandatory sentences?

Answer 28

Yes

non-disclosure of the previous conviction will result in the court failing to pass sentence that is required by law.

Therefore, you must inform client that if they reject disclosure you will cease to act.

Question 29

In non-mandatory sentences, are you permitted to continue as their counsel if the client rejects disclosing previous convictions?

Answer 29

Yes,

you can continue to represent them but you cannot say anything that misleads the court - thus limiting what you can say in mitigation

if the court ask a direct question you must not give an untruthful answer, if client still rejects disclosure you need to withdraw and explain to client

Question 30

Can you continue to representing your client if a document that was meant to be disclosed failed to be.

Answer 30

You cannot continue to act unless your client agrees to disclose docs. At this time, you MUST not reveal the info/contents of doc to the court

Question 31

Under rC7What does your duty not to abuse your role include?

Answer 31

• Must not make statements/ask qu’s merely to insult/humiliate/annoy witness of other person
• must not make serious allegation against witness you XX UNLESS you have given them chance to answer the allegation in XX
• Must not make serious allegation against any person/suggest they are guilty of crime unless
  a) have reasonable grounds
  b) allegation is relevant to case of client or credibility of witness
  c) where it relates to 3rd party - avoid naming them in open court unnecessarily