Bar Exams - Ethics - Barristers' Rules Questions And Answers

Bar Exams - Ethics - Barristers' Rules
Questions And Answers

BR 101: What briefs to appear must be refused or returned?
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Case(s): Gould - CORRECT ANSWER- b b b bb




(a) B has confidential information of any other person in the case and may be material to clie
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nt's case and other person has not consented; (b) client's interests conflict with B's; (c) gener
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al or special retainer; (d) B may be witness in the case; (e) B was witness in first instance; (f)
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B's personal or professional conduct may be attacked in the case; (g) B has material financia
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l or property interest in the outcome; (h) brief re assessment of costs and dispute re propriety
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of B's fees; (i) brief is arbitration and B has advised arbitrator (re same matter); (j) brief is hear
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ing before B's parent, sibling, spouse, child or member of B's household or bench where that
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person is member (except HCA); (k) no instructing solicitor and will cause serious prejudice;
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(l) B advised or drew pleadings for another party; (m) discussed case with other (adverse int
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erest) party. b




BR 11: Work of a barrister - a barristers' work consists of... - CORRECT ANSWER-
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Appearing as an advocate, preparing to appear as an advocate, negotiating with opponent t
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o compromise case, mediation / arbitration, giving legal advice, preparing or advising on doc
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s for a client related to case or other affairs, carrying out work properly incidental to any of the
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aforementioned and any such work commonly carried out by barristers. b b b b b b b b b




BR 13: A barrister must not do the following kinds of work... (unless in personal capacity and
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without a fee: BR 14) - CORRECT ANSWER- b b b b b b bb




Act as general agent or attorney, conduct correspondence in barrister's name on anyone's b
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ehalf other than opponent, place themselves at risk of becoming a witness by investigating f
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acts (except: conferring with witnesses, examining docs, viewing place or things or library re
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search), act as only representative in dealings with court (otherwise than when actually app
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earing), commencing / filing / serving docs, conducting conveyance, administering trust / est
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ate, obtaining probate or letters of admin, incorporating companies, preparing or lodging.
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BR 17: Cab-rank principle - what is the rule? - CORRECT ANSWER-
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A barrister must accept a brief to appear before a court in a field in which the barrister practic
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es if: b b

, (a) the brief is within the barrister's capacity, skill and experience;
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(b) the barrister is available to appear / prepare (not already committed with real possibility of
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impacting);
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(c) fee offered on the brief is acceptable
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(d) barrister is not obliged or permitted to refuse under BR 101, 103, 104 or 105
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AND BR 21: the above only applies to briefs from solicitors -
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do not have to accept direct access briefs
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BR 22: What does barrister have to do if accepting direct access brief? -
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CORRECT ANSWER-
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(a) inform prospective client in writing of: (i) the effect of BR 11 and 13; (ii) circumstances ma
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y require solicitor to be retained on short notice; (iii) any other disadvantage (barrister believ
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es on reasonable grounds); (iv) compare capacity of B to provide services to B and solicitor; (
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v) fair description of the barrister's advocacy experience
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(b) obtain written acknowledgement that above advice given
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BR 3: Objects - the object of these rules is to ensure that barristers... -
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CORRECT ANSWER-
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(a) act in accordance with the general principles of professional conduct;
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(b) act independently;
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(c) recognise and discharge duties re administration of justice;
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(d) provide services of the highest standards unaffected by personal interest.
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BR 4: Principles - these rules are made in the belief that barristers... - CORRECT ANSWER-
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(a) paramount duty is to the administration of justice;
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(b) must maintain high standards of professional conduct;
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(c) must act honestly, fairly, skilfully, bravely and with competence and diligence;
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(d) owe duties to court, clients and colleagues
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(e) must exercise forensic judgment and give advice independently and for proper admin of j
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ustice (regardless of contrary client desires)
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(f) Bar must accept briefs regardless of personal beliefs, only refuse briefs of proper professi
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onal grounds and should compete as specialist advocates with each other.
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BR 62 and 63: What special rules apply when victim is giving evidence in proceedings for se
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xual or indecency offence? - CORRECT ANSWER-
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Barrister must not intentionally mislead or confuse the witness or be unduly annoying, haras
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sing, intimidating, offensive, humiliating or repetitive. But this does not mean you cannot cha
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llenge truthfulness, consistency or accuracy of witness or ask questions they may find offen
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sive, distasteful or private.
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BR 79: What are the rules in relation to clients / witnesses who lied to the court? -
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b
CORRECT ANSWER- bb




If barrister is told by the client / witness, during hearing or while court is reserved, that they ha
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ve lied, falsified a document which was tendered or suppressed material evidence which par
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ty had positive duty to disclose (or procured someone to do the aforementioned) -
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