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Questions and Answers
What is the requirement for the Finance Committee before the Council meeting?
When should the Budget Statement be presented to the Bar Council?
Not later than 15th of June each year
An advocate can solicit professional employment through advertisements.
False
An advocate may share compensation with an unlicensed person for services provided.
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Clients, not ______, are the litigants.
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How should junior members at the Bar behave towards senior members?
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What should not influence advocates in their conduct towards one another?
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What must the Finance Committee provide to each member of the Bar Council at least 8 days before a meeting?
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By when should the Budget Statement be presented to the Bar Council?
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An advocate is allowed to solicit professional employment through advertisement.
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What should an advocate do before communicating with a party represented by another advocate?
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Match the following rules with their descriptions:
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What should advocates avoid in communication with each other during trials?
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What is the responsibility of junior advocates towards senior advocates?
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Study Notes
Finance Committee Responsibilities
- The Finance Committee of the Bar Council is responsible for preparing an annual budget statement containing estimated receipts and expenditures for the next financial year.
- This budget statement must be presented to the Bar Council by the 15th of June each year for approval before the start of the next financial year.
- The Finance Committee must also provide each member of the Bar Council with a copy of the audited annual account, balance sheet, and auditor's report at least 8 days before the Bar Council meeting.
- The Bar Council has the power to authorize supplementary budgets if, during any financial year, the authorized expenditure for a particular purpose proves insufficient or if new expenditure arises that was not included in the annual budget.
Canons of Professional Conduct and Etiquette for Advocates
- Advocates have a duty to uphold the dignity of the profession and their own standing within it.
- Solicitation of professional employment through advertising or other means is prohibited.
- This prohibition does not extend to ordinary professional cards, name plates, or conventional listings in directories as long as the information is limited to professional and academic qualifications and does not contain any promotional content.
- Advocates cannot employ others to solicit professional employment on their behalf or share compensation with unlicensed persons for legal services.
- Communication about a subject of controversy with a party represented by an advocate is prohibited without the consent of that advocate.
- Advocates cannot communicate with judges or judicial officers about the merits of a contested matter outside of open court without furnishing the opposing advocate with a copy of the communication.
- The client has the right to choose additional advocates for their case, and this decision should not be interpreted as a lack of confidence in the original advocate.
- Advocates should decline association as a colleague unless the fees of the original advocate have been paid.
- Clients, not advocates, are the litigants, and any ill-feeling between clients should not influence the conduct of advocates towards each other or the parties involved.
- Personal clashes between advocates should be avoided, and allusions to personal history or peculiarities of opposing advocates should be prohibited during trials.
- Personal colloquies between advocates that cause delay or promote unseemly wrangling should be avoided.
- Division of fees for legal services is only permissible with another advocate based on a principle of division of work as expressed in a written agreement.
- Advocates must maintain the order of precedence in accordance with the roll of advocates maintained by the Bar Council, subject to the precedence of the Attorney-General and the Advocate-General.
- Junior and younger members of the bar should demonstrate respect towards senior and elder members, and senior members should be courteous and helpful to their junior counterparts.
Finance Committee Responsibilities
- The Finance Committee prepares an annual budget containing estimated receipts and expenditures.
- The budget is due by 15th June each year and is used to guide spending for the next financial year.
- If expenditures are insufficient or new needs arise, the Bar Council can authorize additional spending through a supplementary budget.
Conduct with regard to other Advocates
- Advocates have a duty to uphold the dignity of the profession.
- Solicitation of employment through advertising or other means is prohibited, but the use of ordinary professional cards and listings in directories is permitted as long as they only contain professional and academic qualifications, and public offices held.
- Advocates should not communicate about a subject of controversy with a party represented by another advocate without the consent of that advocate.
- Advocates must not communicate with or argue before a judge or judicial officer except in open court and upon the merits of a contested matter, unless the opposing advocate is informed.
- Clients should be able to choose their legal counsel, but an advocate should decline association if the fees of the first retained advocate are not paid.
- Advocates should not allow personal clashes with other advocates to influence their conduct or demeanor, and they should avoid personal colloquies that cause delay and promote wrangling.
- Division of fees with anyone other than another advocate is not allowed unless based on a division of work as agreed upon by both advocates.
- Advocates have a duty to maintain the order of precedence in accordance with the roll of advocates, subject to the precedence of the Attorney-General and the Advocate-General.
- Junior and younger members should be respectful to senior and elder members, who are expected to be courteous and helpful to their younger colleagues.
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Description
This quiz covers the key responsibilities of the Finance Committee of the Bar Council, including the preparation and presentation of the annual budget statement, along with the requirements for auditing and reporting. Learn about the important deadlines and the powers of the Bar Council regarding supplementary budgets. Test your knowledge on these essential functions in the legal profession.
