Duty to the Court - Abuse and Competence

Duty to the Court - Abuse of Process

• The duty to the court is paramount, not only to the client, stated in the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW)
• Lawyers have a duty to ensure that legal proceedings are conducted fairly and efficiently, preventing wasteful spending of time and money
• There is a "reasonable prospect of success" requirement for legal proceedings, as stated in Schedule 2, clause 5 of the Legal Profession Uniform Law Application Act 2014 (NSW).
• A lawyer can face disciplinary action or financial penalties for breaches of rules, including non-compliance.
• Lawyers should avoid pressure from their clients to pursue legal action that has no prospect of success.

Duty to the Court - Competence

• Rule 4.1.3 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) states that lawyers must deliver legal services competently, diligently and as promptly as reasonably possible
• Incompetence can include failure to prepare adequately, improper presentation of arguments, and missing deadlines for filing documents.
• Incompetence undermines the administration of justice.

Duty to the Court - The Role of the Prosecutor

• Prosecution must be independent
• Offices such as the Office of the Director of Public Prosecutions (ODPP) are responsible for independent prosecution.
• Prosecutors are not obligated to agree with government policy
• Prosecutors are described as "Ministers of Justice," as stated in the case R v Ruddick (1865 176 ER 662, 663)
• The prosecution is responsible for ensuring a fair trial and presenting the whole truth, not just evidence that supports the prosecution’s case, as stated in Whitehorn v The Queen (1983) 152 CLR 657 (Deane J at 671-672)
• The Uniform Guidelines for Lawyers provide specific rules for prosecutors, including the importance of fairness to the accused
• The Uniform Rules 2015, specifically rules 29.1–29.12, outline a prosecutor’s duties, and fairness to the Court is paramount over the pursuit of a conviction against the accused.

Explore the responsibilities of lawyers regarding their duty to the court, focusing on the concepts of abuse of process and competence. This quiz covers essential rules under the Legal Profession Uniform Law in New South Wales, including the implications of failing to uphold these duties.