Lawyers' Professional Responsibility: Duty to the Court and Administration of Justice
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Questions and Answers

What is the duty of a lawyer in an ex-parte application?

  • To convince the judge of the merits of the application
  • To ensure the absent party is not notified of the application
  • To display the utmost fairness and good faith and bring all relevant matters to the court's attention (correct)
  • To present only the favorable facts

What is prohibited by rule 24.1.1?

  • Communicating with witnesses under cross-examination
  • Suborning witnesses (correct)
  • Coaching witnesses
  • Conferencing with witnesses

What is the principle underlying the rule that a lawyer cannot withhold relevant law?

  • Duty to promote half-truths
  • Duty to assist the court in the applicable law and procedure (correct)
  • Duty to mislead the court
  • Duty to protect the integrity of evidence

What can a lawyer not do with a witness in a proceeding?

<p>Own them (D)</p> Signup and view all the answers

What is the consequence of submitting false documents to the court?

<p>Disciplinary action (A)</p> Signup and view all the answers

What is the duty of a lawyer in relation to evidence?

<p>To protect the integrity of evidence (A)</p> Signup and view all the answers

What is a lawyer's duty regarding a witness whose evidence would be adverse to their case?

<p>To disclose the witness to the opposing lawyer (A)</p> Signup and view all the answers

What is the purpose of a lawyer's communication with the court?

<p>To discuss practice and procedure (A)</p> Signup and view all the answers

What is an example of an abuse of process?

<p>Making baseless assertions or allegations (D)</p> Signup and view all the answers

What is a lawyer's duty regarding communications with a judge or judge's associate?

<p>To inform the opposing side immediately after the communication (D)</p> Signup and view all the answers

Can a lawyer act for a client who has a good cause of action but is motivated by ill-will?

<p>Yes, the lawyer can act for the client (B)</p> Signup and view all the answers

What should a lawyer avoid in their dealings with the court?

<p>Dealing with the court on terms of familiarity (B)</p> Signup and view all the answers

What is the paramount duty of a solicitor according to the Solicitors Rules?

<p>Duty to the court and proper administration of justice (B)</p> Signup and view all the answers

What happens when a person is granted a local practising certificate?

<p>They become an officer of the Supreme Court (A)</p> Signup and view all the answers

What is the essence of the duties of a lawyer in the adversarial system?

<p>To act professionally, with scrupulous fairness and integrity (D)</p> Signup and view all the answers

What is the tip for the week provided in the lecture?

<p>Always 'read' the decision-maker and do not argue with the Bench (B)</p> Signup and view all the answers

How many categories support the paramount duty to the court according to the Solicitors Rules?

<p>Four (C)</p> Signup and view all the answers

What is one of the main purposes of creating an independent office of the DPP?

<p>To ensure that all relevant information is disclosed to the defence (B)</p> Signup and view all the answers

What is the primary duty of a criminal defence lawyer?

<p>To protect the client from being convicted (B)</p> Signup and view all the answers

What is the source of the rule that a local legal practitioner is an officer of the Supreme Court?

<p>The Supreme Court itself (C)</p> Signup and view all the answers

What is the ultimate decision maker regarding the guilt or innocence of a client?

<p>The court (A)</p> Signup and view all the answers

What is a consequence of a lawyer's involvement in the unlawful acts of a client?

<p>Civil liability, criminal responsibility, and disciplinary sanctions (B)</p> Signup and view all the answers

What should a defence lawyer do if a client confesses to a crime?

<p>Continue to represent the client to the best of their ability (D)</p> Signup and view all the answers

Is a defence lawyer required to disclose a client's prior convictions?

<p>No, there is no duty to disclose (C)</p> Signup and view all the answers

What is the role of a lawyer in exercising forensic judgments?

<p>To ensure that decisions are reasonably justified on the available material (B)</p> Signup and view all the answers

Who is entitled to expect fairness and detachment from prosecuting counsel?

<p>The accused, the court, and the community (A)</p> Signup and view all the answers

What is the objective of a prosecutor in a criminal trial?

<p>To establish the whole truth in accordance with the law (D)</p> Signup and view all the answers

What is a fundamental right within the criminal justice system?

<p>Trial by jury for serious offences (A)</p> Signup and view all the answers

Why does the adversarial system give the prosecution significant power?

<p>Because it requires information to be placed before the jury by the parties (C)</p> Signup and view all the answers

What is the duty of a prosecutor in relation to disclosure?

<p>To have the discretion to determine what evidence will be placed before the jury (D)</p> Signup and view all the answers

Study Notes

Duty to the Court

  • A lawyer's duty to the court is paramount, requiring them to act with integrity, fairness, and professionalism.
  • This duty includes disclosing all material facts, not withholding relevant information, and not submitting false documents or promoting half-truths.

Ex-Parte Applications

  • In ex-parte applications, the applicant must provide all material facts, including those that the opposing party would likely raise in their defense.
  • The applicant must display utmost fairness and good faith, bringing all relevant matters for and against the application to the court's attention.

Witnesses

  • A lawyer has a duty to protect the integrity of evidence and must not confer with multiple witnesses simultaneously.
  • Coaching or suborning witnesses is prohibited, and communication with a witness under cross-examination is also not allowed.
  • There is no proprietorial right to a witness, and a lawyer cannot prevent or discourage a witness from conferring with the opposing side.

Communications with the Court

  • A lawyer must maintain the appearance of integrity in the administration of justice and avoid dealing with the court in a familiar or preferential manner.
  • Communications between a lawyer and the court should be confined to practice and procedure, with the opposing side's consent and immediate notification of discussions.

Abuse of Process

  • A lawyer must avoid conduct that amounts to an abuse of process, including making baseless assertions or allegations.
  • A lawyer can act for a client with a good cause of action or defense, even if motivated by ill will.

Confidentiality

  • A lawyer's paramount duty to the court includes duties of disclosure, not abusing the court's process, not corrupting the administration of justice, and conducting litigation efficiently and expeditiously.

Prosecutors

  • Prosecutors have a duty to be fair and impartial, representing the State and presenting the case against the accused with fairness and detachment.
  • They have a duty of disclosure, and their discretion in determining what evidence to present is crucial in the adversarial system.

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Description

Test your knowledge on the rules and ethics of lawyers' professional responsibility, including confidentiality, duty to the court, and proper administration of justice. Review the key concepts and principles from Dal Pont Chapter 17 and LPR rules. Learn how to navigate complex legal scenarios with respect and professionalism.

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