Ethics

• Which duty is described by CD1?

  Duty to the court
• Which duty is described by CD2?

  Act in the best interests of client
• Which duty is described by CD3?

  Act with honesty and integrity
• Which duty is described by CD4?

  Maintain professional independence
• Which duty is described by CD5?

  Do not diminish public trust
• Which duty is described by CD6?

  Keep client affairs confidential
• Which duty is described by CD7?

  Provide a competent standard of work
• Which duty is described by CD8?

  Do not discriminate unlawfully
• Which duty is described by CD9?

  Be open and cooperative with regulator
• Which duty is described by CD10?

  Manage practice competently to achieve compliance
• Which duty overrides all inconsistent obligations, except criminal law obligations?

  Duty to the court
• What does the duty to the court require?

  Act with independence in the interests of justice
• What is one specific obligation related to misleading the court?

  Not knowingly or recklessly mislead the court
• What is an action that constitutes misleading the court?

  Making untrue or misleading statements to the court
• What should you NOT do with questions to a witness?

  Ask questions suggesting untrue facts
• Unless you make the true position clear to the court, what should you NOT do?

  Call untrue witnesses to give evidence
• What does knowingly misleading the court include?

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

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

  For the duration of the case
• Which duty overrides the duty to act in the best interests of your client?

  Duty to the court
• Does the duty to the court require you to breach client confidentiality?

  No, it does not require it
• If the court could be misled unless you disclose confidential information, what should you do?

  Seek client’s permission to disclose the information
• What must you do if a client refuses permission to disclose confidential information when it risks misleading the court?

  Cease to act and return instructions
• If you withdraw from a case due to client refusal to disclose, what must you NOT do?

  Reveal the information to the court
• If you become aware that the client possesses an undisclosed document, can you continue to act?

  Not unless the client agrees to disclosure
• What should you do if your client possesses an undisclosed document and refuses to disclose it?

  Withdraw and not reveal the document
• As an advocate, what must you NOT do?

  Abuse your role
• What should you NOT do without cross-examination?

  Make serious allegations against a witness
• Under what conditions can you make a serious allegation against any person?

  If you have reasonable grounds and relevance
• When making serious allegations about a 3rd party, when should you name them in open court?

  Only when reasonably necessary
• Unless invited by the court, what must you not put forward?

  Personal opinion of the facts or the law
• What is an action that would constitute a breach of duty to the court under CD1?

  Not avoiding wasting the court’s time
• What must you ensure the court is aware of?

  All relevant authorities and legislative provisions
• What must you put before the court?

  Authorities adverse to your client’s position
• What must you ensure is not compromised?

  Your ability to act independently
• Does your duty to the court prevent you from putting forward your client’s case if you do not believe the facts?

  No, it does not prevent you
• What should you draw to the client's attention?

  Conflicting evidence to their account
• If a client remains adamant about their version of events despite conflicting evidence, what must you do?

  Put forward their version of events
• Can you call a hostile witness whose evidence you wish to assert is untrue?

  Yes, if you make it clear to the court
• If your client admits guilt but wants to plead not guilty, what must you NOT do?

  Disclose the client’s confession without consent