QLD Barrister Bar Exam Competencies VERIFIED A+

QLD Barrister Bar Exam Competencies VERIFIED A+ acts ethically and professionally at all times in dealing with clients, colleagues, courts, tribunals and the public in order to effectively represent clients, maintain the standards of the profession, and ensure public confidence in the legal system. - ✔✔ declines to act or seeks appropriate assistance and/or educational resources when the matter is beyond current abilities and knowledge Section 3.1 - ✔✔ consults senior counsel, specialists, mentors, Law Society Practice Management Helpline declines to act on matters that are incapable of performance. - ✔✔ avoids or manages conflicts of interest - ✔✔ clarifies joint retainers, acting against a client, doing business with a client, borrowing from a client, acting for client with whom the lawyer has a personal or sexual relationship charges fair and reasonable fees and disbursements which are disclosed in a timely manner. - ✔✔ fulfils duties relating to confidentiality Section 3.3 - ✔✔ obtains all necessary consents respecting disclosure - ✔✔ pursuant to relevant privacy legislation delegates and supervises a ppropriately Section 6.1 and By -Law 7.1 - ✔✔ withdraws from representation only in compliance with the Rules of Professional Conduct Section 3.7 - ✔✔ fulfils all practice -related promises, undertakings and trust conditions and does not make or accept promises, undertakings, or trust conditions that cannot be fulfilled. - ✔✔ does not engage in sharp practice Rule 7.2 -2 - ✔✔ encourages public respect for and promotes the effective administration of justice. - ✔✔ complies with requirements of the Law Soci ety related to books and records - ✔✔ manages trust funds, preserves the client's property fulfils all obligations to the court or tribunal under the rules and as an officer of the court or tribunal. - ✔✔ does not become the tool or dupe of an unscrupulou s client or persons associated with such a client Rule 3.2 -7 - ✔✔ acts with integrity in dealings with others - ✔✔ clients, other lawyers, the Law Society, the court or tribunal, staff members, law students, the public does not knowingly assist in or enco urage any dishonesty, fraud, crime or illegal conduct Rule 3.2 -7 - ✔
✔ markets and advertises ethically and in accordance with the Rules of Professional Conduct. - ✔✔ maintains appropriate professional relationships with lawyers, employees, students, clients and others - ✔✔ treats others with courtesy, civility and respect respects human rights laws Rules 6.3 -0 and 6.3.1 - ✔✔ does not engage in sexual harassment, discrim ination or other human rights violations respects the relationship of the opposing lawyer and his or her client (Section 7.2). - ✔✔ identifies and fulfils any fiduciary obligations. - ✔✔ fulfils obligations in cases of dishonesty and fraud when the clie nt is an organization (Rule 3.2 -8). - ✔✔ complies with the cash transactions requirements of By -Law 9. - ✔✔ complies with duties with respect to unrepresented persons (Rule 7.2 -9). - ✔✔ The Barrister knows and applies general and case -specific legal pri nciples when acting as an advocate in order to effectively represent the client. - ✔✔ identifies the appropriate jurisdiction (e.g., federal/provincial, statutory/regulatory). - ✔✔ identifies the appropriate forum. - ✔✔ identifies issues related to the Canadian Charter of Rights and Freedoms. - ✔✔ identifies issues related to the Constitution Act, 1867 (e.g., division of powers) and the Constitution Act, 1982. - ✔✔ identifies issues related to Aboriginal Peoples' rights and interests. - ✔✔ identifies issues related to linguistic rights. - ✔✔