QLD Barristers Rules exams already verified

PREFACE BR 1-3 - 1 . These Rules are made pursuant to the Legal Profession Act 2007. They may be cited as the 2011 Barristers Rule as amended These Rules commence on 23 February 2018 2 . The general purpose of these Rules is to provide the requirements for practice as a barrister and the rules and standards of conduct applicable to barristers which are appropriate in the interests of the administration of justice and in particular to provide common and enforceable rules and standards which require barristers ( a ) to be completely independent in conduct and in professional standing as sole practitioners ; and ( b ) to acknowledge a public obligation based on the paramount need for access to justice to act for any client in cases within their field of practice . 3 . These Rules apply throughout Australia to all barristers . INTRODUCTION Objects - 4 . The object of these Rules is to ensure that all barristers : ( a ) act in accordance with the general principles of professional conduct ; ( b ) act independently c ) recognise and discharge their obligations in relation to the administration of justice ; and d ) provide services of the highest standard unaffected by personal interest . Principles - 5 . These Rules are made in the belief that : ( a ) barristers owe their paramount duty to the administration of justice ; ( b ) barristers must maintain high standards of professional conduct ; barristers as specialist advocates in the administration of justice , must act honestly , fairly , skilfully and with competence and diligence ; ( d ) barristers owe duties to the courts , to their clients and to their barrister and solicitor colleagues ; ( e ) barristers should exercise their forensic judgments and give their advice independently and for the proper administration of justice , notwithstanding any contrary desires of their clients ; and ( f ) the provision of advocates for those who need legal representation is better secured if there is a Bar whose members : ( i ) must accept briefs to appear regardless of their personal beliefs ; ( ii ) must not refuse briefs to appear except on proper professional grounds ; and ( iii compete as specialist advocates with each other and with other legal practitioners as widely and as often as practicable Interpretation - 6 . These Rules should be construed to promote the objects and principles expressed in this Introduction . 7 . General provisions of these Rules should not be read or applied in a limited way by reason of any particular or illustrative provisions . 8 . Headings in these Rules shall be read as part of these Rules , but shall not be used so as to read or apply any of the Rules in a more limited way than would have been so if the headings were not part of the Rules . Application of Rules - 9 . Except as otherwise provided these Rules apply to : ( a a barrister who is a local legal practitioner , except to the extent that the conduct of the barrister in relation to practice in another Australian State or Territory is regulated by Barristers ' Rules for that State or Territory ; ( b ) a barrister who is an interstate legal practitioner , in relation to practice in this jurisdiction , including work , wherever performed , in relation to such practice ; and ( c a barrister who is employed by the Crown or who holds a statutory office save that he or she is exempt from Rules 15-24B and 95-106 while acting pursuant to that employment or office . 10 These Rules are not intended to be a complete or detailed code of conduct for barristers . Other standards for , requirements of and sanctions on the conduct of barristers are found in the inherent disciplinary jurisdiction of the Supreme Court , the Legal Profession Act 2007 and in the general law ( including the law relating to contempt of court Waiver of Rules - 11 . The Bar Council shall either before or after the event have the power to waive the duty imposed on a barrister to comply with the provisions of these Rules in such circumstances and to such extent as the Bar Council may think fit and either conditionally or unconditionally General - 12 . A barrister must not engage in conduct which is : ( a ) dishonest or otherwise discreditable to a barrister ; ( b ) prejudicial to the administration of justice ; or ( c likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute . 13 A barrister must not engage in another vocation which : ( a is liable to adversely affect the reputation of the legal profession or the barrister's own reputation ; ( b ) is likely to impair or conflict with the barrister's duties to clients ; or ( prejudices a barrister's ability to attend properly to the interests of the barrister's clients . 14 A barrister may not use or permit the use of the professional qualification as a barrister for the advancement of any other occupation or activity in which he or she is directly or indirectly engaged , or for private advantage , save where that use is usual or reasonable in the circumstances . BR 20 - A barrister who is asked by any person to do work or engage in conduct which is not barristers ' work , or which appears likely to require work to be done which is not barristers ' work , must promptly inform that person : ( of the effect of Rules 15 , 16 and 17 as they relevantly apply in the circumstances ; and ( b ) that , if it be the case , solicitors are capable of providing those services to that person . Cab rank principle - 21 . A barrister must accept a brief from a solicitor to appear before a court in a field in which the barrister practises or professes to practise if : ( a the brief is within the barrister's capacity , skill and experience ; b ) the barrister would be available to work as a barrister when the brief would require the barrister to appear or to prepare , and the barrister is not already committed to other