Ethics exams question and answers 2023 already verified

Bale v Mills [2011] NSWCA 226 - Adverse credibility findings made against a solicitor in circumstances where allegations of dishonesty had not been put to him in cross-examination. No complaint or submission, however, had been put to the trial judge that the rule in Browne v Dunn had not been complied with. On appeal held there could be no waiver because of the overriding duty upon a judge to ensure a fair trial, including ensuring a witness is treated fairly where the judge is asked to make a finding impeaching that witness's credit The Browne v Dunn rule applies equally to the trial judge as it does to counsel. Any witness, not merely a lawyer and officer of the court, should be confronted with and afforded an opportunity to deal with an allegation of dishonesty. Day v Perisher Blue Pty Ltd (2005) 62 NSWLR 731 - Personal injury case involving a ski field worker being injured. At first instance, the plaintiff was unsuccessful, and a decision was made in favour of the defendant. On appeal, the NSW Court of Appeal overturned the decision, ordered a retrial and that Perisher Blue pay Day's costs, and referred the matter to the Legal Services Commissioner. The main ground for the appeal decision related to the conduct of Perisher's solicitors and its witnesses prior to trial. During the course of the trial, it emerged that the witnesses for Perisher Blue, prior to the trial, had communicated with each other and the solicitors for Perisher Blue about their evidence. It is proper practice for legal practitioners to take proofs of evidence from witnesses separately and to encourage witnesses not to discuss their evidence with others and particularly not with other potential witnesses. Ken Tugrul v Tarrants Financial Consultants Pty Ltd (In Liq) [No.2] [2013] NSWSC 1971 - There should be no communication (written or oral) with a judge's chambers in connection with any proceedings without the prior knowledge and consent of all active parties to those proceedings. Particularly in relation to written communications, given the ubiquity and speed of emails, the precise terms of any proposed communication with a judge's chambers should be provided to the other parties for their consent.