Ethics

• According to CD1, what must you observe in the administration of justice?


  Your duty to the court
• What does the duty to the court require you to act with?

  Independence in the interests of justice
• What type of obligations does the duty to the court override?

  Inconsistent obligations
• What specific conduct does the duty to the court prohibit?

  Knowingly or recklessly misleading the court
• According to the study material, what must you not do regarding statements to the court?

  Make untrue or misleading statements
• What must you not do when asking questions, according to the study material?

  Suggest untrue or misleading facts
• What must you do if you know evidence is untrue, according to the study material?

  Make the true position clear
• What does knowingly misleading the court include, according to the study material?

  Being complicit in another person misleading the court
• What happens if you inadvertently mislead the court?

  You must correct the position
• For how long does the duty to the court apply?

  The duration of the case
• Which duty does your duty to the court override?

  Your duty to act in your client's best interests
• What should you do if disclosing confidential information would prevent the court from being misled?

  Seek the client's permission to disclose
• What must you do if a client refuses to allow you to disclose confidential information that would prevent the court from being misled?

  Cease to act and return instructions
• What action must you take if you discover your client possesses an undisclosed document?

  Cease to act and return instructions
• According to the study material, what must you not do as an advocate?

  Abuse your role as an advocate
• What is forbidden, according to the study material, regarding insulting statements?

  Making statements to insult a witness
• Under what conditions can you make serious allegations against a witness you have had the opportunity to cross-examine?

  If the allegation was put in cross-examination
• When can you make a serious allegation against any person?

  If there are reasonable grounds
• Besides reasonable grounds, what else is needed when making an allegation against any person?

  The allegation is relevant
• In court, must third parties be named in allegations?

  Avoid naming them unless reasonably necessary
• When can you give a personal opinion of the facts or the law?

  If invited by the court
• What constitutes a breach of your duty to the Court under CD1?

  Not avoiding wasting the court's time
• What authorities must the court be aware of?

  All relevant authorities
• What is the term for doing work in a case for a more senior member of chambers?

  Devilling
• What should you consider regarding legal representation?

  Whether client's best interests are served
• Your duty under CD 2 may require you to advise a client to be represented by whom?

  Different legal representative
• When may you accept instructions for more than one client?

  If you act in the best interests of each
• If you cannot act in the best interests of each of multiple clients, what must you do?

  Advise the client to seek different representation
• What duty does a competent standard of work and service include?

  To inform of inability to carry out instructions
• In the event you won't be able to carry out your instructions in time, what should you ensure?

  Sufficient time to protect client interests
• What does effective communication require when attempting to prevent hearing clashes?

  Communication with the court
• What does effective diary management require when attempting to prevent hearing clashes?

  Diary management
• In the event of unavoidable hearing clashes, what must you exercise?

  Professional judgement
• What should you take direction from if appropriate when deciding on hearing precedence?

  The Court
• According to CD2, what should you consider regarding which hearing to attend?

  Which client is more prejudiced
• Besides the effect on the client, what else should you consider?

  The needs of vulnerable clients
• When deciding which hearing to attend, how should you consider the length of time you have been instructed on each case?

  Consider all relevant circumstances of each case
• When deciding which hearing to attend, how should you consider the complexity of each case?

  Consider all relevant circumstances of each case
• When deciding which hearing to attend, how should you consider the amount of work you have already done on each case?

  Consider all relevant circumstances of each case
• When deciding which hearing to attend, how should you consider the likely impact on each client?

  Consider all relevant circumstances of each case