Bar Exams - Ethics -
Barristers' Rules
Questions and Complete
Solutions Graded A+
BR 3: Objects - the object of these rules is to ensure that barristers... - Answer: (a) act in accordance with
the general principles of professional conduct;
(b) act independently;
(c) recognise and discharge duties re administration of justice;
(d) provide services of the highest standards unaffected by personal interest.
BR 4: Principles - these rules are made in the belief that barristers... - Answer: (a) paramount duty is to
the administration of justice;
(b) must maintain high standards of professional conduct;
(c) must act honestly, fairly, skilfully, bravely and with competence and diligence;
(d) owe duties to court, clients and colleagues
(e) must exercise forensic judgment and give advice independently and for proper admin of justice
(regardless of contrary client desires)
(f) Bar must accept briefs regardless of personal beliefs, only refuse briefs of proper professional
grounds and should compete as specialist advocates with each other.
BR 8: [Advocacy Rules] General - A barrister must not engage in conduct which is ...
Cases: Costigan & Dwyer; Cummins; MacIntyre; - Answer: (a) dishonest or otherwise discreditable;
(b) prejudicial to the administration of justice; or
(c) likely to diminish public confidence or bring into disrepute profession or admin of justice.
, BR 11: Work of a barrister - a barristers' work consists of... - Answer: Appearing as an advocate,
preparing to appear as an advocate, negotiating with opponent to compromise case, mediation /
arbitration, giving legal advice, preparing or advising on docs for a client related to case or other affairs,
carrying out work properly incidental to any of the aforementioned and any such work commonly
carried out by barristers.
BR 13: A barrister must not do the following kinds of work... (unless in personal capacity and without a
fee: BR 14) - Answer: Act as general agent or attorney, conduct correspondence in barrister's name on
anyone's behalf other than opponent, place themselves at risk of becoming a witness by investigating
facts (except: conferring with witnesses, examining docs, viewing place or things or library research), act
as only representative in dealings with court (otherwise than when actually appearing), commencing /
filing / serving docs, conducting conveyance, administering trust / estate, obtaining probate or letters of
admin, incorporating companies, preparing or lodging.
BR 17: Cab-rank principle - what is the rule? - Answer: A barrister must accept a brief to appear before a
court in a field in which the barrister practices if:
(a) the brief is within the barrister's capacity, skill and experience;
(b) the barrister is available to appear / prepare (not already committed with real possibility of
impacting);
(c) fee offered on the brief is acceptable
(d) barrister is not obliged or permitted to refuse under BR 101, 103, 104 or 105
AND BR 21: the above only applies to briefs from solicitors - do not have to accept direct access briefs
BR 22: What does barrister have to do if accepting direct access brief? - Answer: (a) inform prospective
client in writing of: (i) the effect of BR 11 and 13; (ii) circumstances may require solicitor to be retained
on short notice; (iii) any other disadvantage (barrister believes on reasonable grounds); (iv) compare
capacity of B to provide services to B and solicitor; (v) fair description of the barrister's advocacy
experience
(b) obtain written acknowledgement that above advice given
What are barristers' duties to the court? (BR 23 - 26, 29, 34)
Cases: Kaye v Woods; Kelly - Answer: BR 23: A barrister has an overriding duty to the court to act with
independence in the interests of the administration of justice.
Barristers' Rules
Questions and Complete
Solutions Graded A+
BR 3: Objects - the object of these rules is to ensure that barristers... - Answer: (a) act in accordance with
the general principles of professional conduct;
(b) act independently;
(c) recognise and discharge duties re administration of justice;
(d) provide services of the highest standards unaffected by personal interest.
BR 4: Principles - these rules are made in the belief that barristers... - Answer: (a) paramount duty is to
the administration of justice;
(b) must maintain high standards of professional conduct;
(c) must act honestly, fairly, skilfully, bravely and with competence and diligence;
(d) owe duties to court, clients and colleagues
(e) must exercise forensic judgment and give advice independently and for proper admin of justice
(regardless of contrary client desires)
(f) Bar must accept briefs regardless of personal beliefs, only refuse briefs of proper professional
grounds and should compete as specialist advocates with each other.
BR 8: [Advocacy Rules] General - A barrister must not engage in conduct which is ...
Cases: Costigan & Dwyer; Cummins; MacIntyre; - Answer: (a) dishonest or otherwise discreditable;
(b) prejudicial to the administration of justice; or
(c) likely to diminish public confidence or bring into disrepute profession or admin of justice.
, BR 11: Work of a barrister - a barristers' work consists of... - Answer: Appearing as an advocate,
preparing to appear as an advocate, negotiating with opponent to compromise case, mediation /
arbitration, giving legal advice, preparing or advising on docs for a client related to case or other affairs,
carrying out work properly incidental to any of the aforementioned and any such work commonly
carried out by barristers.
BR 13: A barrister must not do the following kinds of work... (unless in personal capacity and without a
fee: BR 14) - Answer: Act as general agent or attorney, conduct correspondence in barrister's name on
anyone's behalf other than opponent, place themselves at risk of becoming a witness by investigating
facts (except: conferring with witnesses, examining docs, viewing place or things or library research), act
as only representative in dealings with court (otherwise than when actually appearing), commencing /
filing / serving docs, conducting conveyance, administering trust / estate, obtaining probate or letters of
admin, incorporating companies, preparing or lodging.
BR 17: Cab-rank principle - what is the rule? - Answer: A barrister must accept a brief to appear before a
court in a field in which the barrister practices if:
(a) the brief is within the barrister's capacity, skill and experience;
(b) the barrister is available to appear / prepare (not already committed with real possibility of
impacting);
(c) fee offered on the brief is acceptable
(d) barrister is not obliged or permitted to refuse under BR 101, 103, 104 or 105
AND BR 21: the above only applies to briefs from solicitors - do not have to accept direct access briefs
BR 22: What does barrister have to do if accepting direct access brief? - Answer: (a) inform prospective
client in writing of: (i) the effect of BR 11 and 13; (ii) circumstances may require solicitor to be retained
on short notice; (iii) any other disadvantage (barrister believes on reasonable grounds); (iv) compare
capacity of B to provide services to B and solicitor; (v) fair description of the barrister's advocacy
experience
(b) obtain written acknowledgement that above advice given
What are barristers' duties to the court? (BR 23 - 26, 29, 34)
Cases: Kaye v Woods; Kelly - Answer: BR 23: A barrister has an overriding duty to the court to act with
independence in the interests of the administration of justice.
