Summary Issues, principles & outcomes

Fundamental right to put prosecution to proof - 4.5.2 LSPN
LSPNCI - 2.3.2




Issue - Misleading the court
Principles -
 1: must uphold the law and the proper administration of justice
 2: we must act with integrity
 4: we must act in our clients best interests
 6: we must behave in a way that maintains the public trust
Outcomes-
 5.1: you do not attempt to deceive or knowingly or recklessly mislead the
court
 5.2: you are no complicit in another person misleading or deceiving the court
 4.1: you must keep the affairs of the client confidential


Indicative behaviours-
 (Can’t) 5.9: call a witness whose evidence you know is untrue
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Issue- Conflict of interest between 2 defendants


Principles-
 4: we must act in our clients best interests
 2: we must act with integrity
Outcome-
 3.5: must not act if there is a conflict/ significant risk of a conflict
 (Exceptions 3.6, 3.7 do NOT apply in criminal cases)
Indicative behaviours-
 3.2: declining to act for clients who bests interests are in direct conflict


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Issue- A conflict between disclosure and confidentiality
Principles-
 4: we must act in our clients best interests