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.