EPR 8 - Ethics and Professional Responsibility in Law
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What must a legal practitioner do before initiating communication with the court if they know the case is pending?

  • Obtain permission from the court
  • Submit a formal report to the court
  • Notify the client about the communication
  • Provide other parties a chance to be present or to reply (correct)

What is an ex parte application primarily characterized by?

  • The requirement of serving all parties involved
  • The necessity for consent from all parties
  • The immediacy of circumstances requiring action (correct)
  • The involvement of multiple legal representations

What must a legal practitioner do if they fail to copy the other parties in a letter to the court?

  • Ignore the oversight and continue with the case
  • Inform other practitioners about their actions as soon as possible (correct)
  • Seek guidance from a senior attorney
  • Submit a formal apology to the court

What is the common type of ex parte application mentioned?

<p>Application for an interim injunction (B)</p> Signup and view all the answers

Which of the following is NOT a requirement when communicating with the court?

<p>Addressing the court directly without preconditions (B)</p> Signup and view all the answers

What governs the communication with the court for legal practitioners?

<p>Rule 30 of the professional conduct rules (B)</p> Signup and view all the answers

What should be done when submitting documents for an ex parte application?

<p>Adhere to the relevant practice directions for ex parte applications (C)</p> Signup and view all the answers

What does the term 'without prejudice' typically indicate in legal communications?

<p>The communications are confidential and cannot be disclosed. (C)</p> Signup and view all the answers

According to Rule 8.1a, how should a legal practitioner behave towards persons not involved in their case?

<p>In a manner reflecting their professional standing. (D)</p> Signup and view all the answers

When dealing with unrepresented third parties, what must a legal practitioner refrain from doing?

<p>Providing any form of legal advice. (D)</p> Signup and view all the answers

What is a significant guideline for discussions that occur between trial days regarding witness conduct?

<p>They should remain undisclosed to avoid influencing the trial. (A)</p> Signup and view all the answers

How should a legal practitioner handle the situation if they know the interests of a third party are adverse to their client?

<p>They must ensure the third party is aware that they are not protected. (C)</p> Signup and view all the answers

What is the primary focus of discussions that occur before a Pre-Trial Conference (PTC)?

<p>To propose procedural concessions and moves. (D)</p> Signup and view all the answers

What describes the role of communication labeled 'off the record'?

<p>It signifies that the communication is private and not for court use. (C)</p> Signup and view all the answers

What was Ahmad Khalid’s role in the case mentioned?

<p>He was the lawyer for the sole administrator of the asset. (D)</p> Signup and view all the answers

What must legal practitioners prioritize when interacting with anyone involved in a legal matter?

<p>Honesty and courtesy in their conduct. (D)</p> Signup and view all the answers

What is one condition under which a lawyer may provide a second opinion to a represented client?

<p>The lawyer must not influence the client to change representation. (A)</p> Signup and view all the answers

What circumstance could render a lawyer's undertaking to another lawyer as misconduct?

<p>Failure to deliver documents as promised. (A)</p> Signup and view all the answers

Under what condition must a lawyer accept a written representation from another lawyer?

<p>If there is no evidence contradicting the representation. (C)</p> Signup and view all the answers

Which statement reflects the outcome of the case Tan Beng Hui Carolyn v Law Society of Singapore regarding lack of remorse?

<p>The court views lack of remorse as an aggravating factor in sentencing. (C)</p> Signup and view all the answers

Which of the following reflects a prohibition against solicitors regarding unlawful evidence acquisition?

<p>Obtainment of evidence should not be through illegal methods. (D)</p> Signup and view all the answers

What was the primary misconduct of the lawyer concerning Francis?

<p>The lawyer provided a false credit reference. (A)</p> Signup and view all the answers

According to Rule 8.4, what is prohibited when issuing a letter of demand?

<p>Demanding costs that are not recoverable by law. (A)</p> Signup and view all the answers

What does Rule 8.5 prohibit regarding civil claims?

<p>Threatening criminal or disciplinary proceedings. (D)</p> Signup and view all the answers

In the case of Tan versus law society, what was the main reason for the court's ruling against the lawyer?

<p>The lawyer made unfounded allegations of criminal behavior. (D)</p> Signup and view all the answers

What is advised against in the communication style of an advocate and solicitor?

<p>Being offensive in letters or oral communications. (B)</p> Signup and view all the answers

What was the outcome for the lawyer who wrote 27 letters alleging misconduct?

<p>The letters were deemed inappropriate and led to misconduct charges. (D)</p> Signup and view all the answers

What must be provided for costs to be recoverable in a letter of demand?

<p>There must be an explicit clause in the underlying contract. (A)</p> Signup and view all the answers

Which of the following behaviors violates professional conduct for advocates and solicitors?

<p>Making aggressive demands in business letters. (C)</p> Signup and view all the answers

What is the consequence of failing to comply with a court order as mentioned?

<p>Potential for civil penalties. (D)</p> Signup and view all the answers

What is an example of a proper communication approach for a lawyer?

<p>Politely requesting compliance without accusations. (A)</p> Signup and view all the answers

What action did a lawyer take that resulted in a reprimand related to offensive correspondence?

<p>Sending a letter demanding service acceptance under pressure. (C)</p> Signup and view all the answers

In the case of Gopalan Nair, what was the consequence of his personal blog posts?

<p>He was disbarred in Singapore for unfitting conduct. (A)</p> Signup and view all the answers

What must a mediator ensure during the mediation process?

<p>To remain neutral and not act for any party involved. (A)</p> Signup and view all the answers

What led to the lawyer's reprimand in the case of Law Society vs. Kapow Singh?

<p>Encouraging a client to perform a belly dance. (B)</p> Signup and view all the answers

In regards to Choi Chi Yin, what factor led to the conviction despite no offense in Singapore?

<p>Dishonesty in a foreign jurisdiction. (B)</p> Signup and view all the answers

What types of language should not be used in correspondence with clients or government departments?

<p>Insulting language. (D)</p> Signup and view all the answers

What type of correspondence is considered equimonious and therefore not acceptable?

<p>Correspondence laced with hostility or insults. (A)</p> Signup and view all the answers

What is a potential consequence for a lawyer violating professional conduct in a personal capacity?

<p>They may face disciplinary action by the legal society. (A)</p> Signup and view all the answers

What legal action did the lawyer demand in the case involving Chiu Kya Heng?

<p>Acceptance of service at his office immediately. (D)</p> Signup and view all the answers

What should professionals avoid when communicating with opposing parties?

<p>Engaging in aggressive and unethical tactics. (D)</p> Signup and view all the answers

Flashcards

Communication with the Court (Legal Proceedings)

A legal practitioner cannot initiate communication with the court about a pending or likely pending proceeding without providing other parties a chance to be present or reply. This includes written communications.

Ex Parte Applications

Court applications where no service of application or other party is involved. These applications should comply with specific practice directions, ensuring fairness.

Unilateral Letters

Letters sent to the court without copying the other party involved in the proceedings.

Rule 30

Professional conduct rule governing communication with courts and parties in legal proceedings.

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Injunction

A court order that prevents someone or some group of people from doing something in particular.

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Practice Directions

Specific guidelines for running legal proceedings, like the ex parte application procedure, or applying for an injunction.

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Service of Application

Form of notification when a party is involved in a legal procedure. It's an important process in court proceedings.

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Pre-trial discussions

Discussions between lawyers before or during a trial about case strategy, procedures, or concessions.

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Without prejudice / off the record

Terms used to denote communications about case procedure that should not be disclosed in court without permission.

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Duty to all persons (Rule 8.1a)

Lawyers must be honest and courteous to everyone, not just clients or involved parties.

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Unrepresented parties

A person in a legal matter who doesn't have a lawyer representing them.

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Legal advice (unrepresented party)

Lawyers can't give legal advice to an unrepresented party except to advise them to get independent legal counsel.

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Adverse interests

Situations where a person's interests oppose or potentially oppose another's.

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Reasonable steps (unrepresented)

Steps a lawyer must take to ensure an unrepresented person understands they are not being represented by the lawyer.

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Lawyer's conduct (other persons)

A lawyer must act with honesty and courtesy toward all persons, regardless of their involvement in the case.

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Ahmad Khalid case

Example case highlighting the duty of lawyers to unrepresented parties.

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Wrongful Reference

Providing misleading information about a person's financial status, especially when it benefits the giver of the reference.

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Letter of Demand

A formal letter sent demanding payment or action, with legal repercussions if the demand is ignored.

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Cost Recovery

The ability to claim expenses incurred during legal proceedings from the losing party.

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Threaten Criminal Proceedings

Using the threat of criminal charges to gain leverage in a civil case is unethical.

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Unprofessional Communication

Using offensive language or making inappropriate accusations during legal proceedings.

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Offensive Letters

A lawyer cannot send insulting or inappropriate letters to clients, government departments, or the public.

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Equimonious Correspondence

Avoid writing letters that are solely focused on making the opposing side look bad or embarrassing them.

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Substituted Service

When a lawyer formally notifies someone of legal proceedings by publishing in newspapers, as opposed to direct delivery.

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Debt Lawyer Reprimand

A lawyer can be disciplined for writing offensive or unethical letters related to debt collection.

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Prison Client Visit

Lawyers need to follow specific guidelines when visiting clients in prison, as outlined in practice directions.

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Mediator's Role

A mediator cannot represent any party in a mediation process related to the same or any discussed matter.

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Lawyer Misconduct (Personal Capacity)

Even lawyers acting in a personal capacity can be held accountable for misconduct, such as writing defamatory blogs.

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Foreign Conviction & Striking Off

A lawyer could be struck off the legal register in Singapore for a conviction involving dishonesty in a foreign jurisdiction.

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Unbefitting Conduct

Actions that are unprofessional, insulting, or inappropriate in a legal setting can lead to disciplinary action.

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Disciplinary Action

Lawyers who violate professional conduct rules can be reprimanded, suspended, or even have their licenses revoked.

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Lawyer's Duty to Honor Undertakings

A lawyer must fulfill all promises made to another lawyer, even if it means giving the client a second opinion. This applies even after the initial client-lawyer relationship ends.

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Consequences of Breaking Undertakings

Failing to honor an undertaking to deliver documents constitutes misconduct, even if no harm is caused, and can result in legal action by the Law Society.

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Citing Client Instructions as Excuse?

A lawyer cannot use client instructions as an excuse for not fulfilling an undertaking. The lawyer's duty to uphold professional standards takes precedence.

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Solicitor's Right to Verify Authority

A solicitor can ask another solicitor involved in the same case to prove they have the authority to act for their respective clients.

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Lawyer's Conduct with Unrepresented Parties

A lawyer must be honest, courteous, and not give legal advice to those not represented by them, guiding unrepresented parties to seek independent legal counsel.

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Study Notes

Ethics and Professional Responsibility

  • Tay Yong Seng discusses ethics, professional responsibility, relationships with other legal practitioners, and other persons.
  • Communication with the court, other legal practitioners, and other persons are the three main areas of focus.

Communication with the Court

  • Rule 30 of the professional conduct rules governs communication with the court.
  • A legal practitioner cannot initiate communications with the court about pending or likely pending proceedings unless each party is given reasonable opportunity to be present or respond.
  • If a communication was made in writing, all parties are given a set amount of time to reply.
  • Failure to comply means a practitioner must inform all the other involved parties as soon as possible
  • Letters to the court require copies of the letter to be sent to all the involved parties.
  • Rule 31 of the professional conduct rules governs communication between legal practitioners.
  • Legal practitioners should not disclose communications relating to the matter between themselves unless there is an agreement.
  • Discussions before or during proceedings are included in this rule.

Conduct in Relation to Other Persons

  • Rule 8 of the professional conduct rules governs conduct towards other persons.
  • A legal practitioner must be honest and courteous.
  • The practitioner's conduct must be appropriate regardless of the other person's involvement in any matters with the practitioner.

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Description

This quiz explores the key concepts of ethics and professional responsibility as discussed by Tay Yong Seng. It focuses on the communication protocols with the court and other legal practitioners as defined by relevant conduct rules. Understanding these principles is crucial for legal practitioners to maintain integrity and professionalism in their practice.

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