EPR 6 - Legal Ethics in Witness Handling
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Questions and Answers

What is one of the general principles of Rule 12 of the PCR regarding dealing with witnesses?

  • A legal practitioner must ensure consistency with witness biases.
  • A legal practitioner must limit interactions to only formal questions.
  • A legal practitioner must ensure actions are consistent with the administration of justice. (correct)
  • A legal practitioner must prioritize the interests of their client over justice.

What does Rule 12-2 indicate about a legal practitioner's responsibilities during cross-examination?

  • Legal practitioners must not interfere with the evidence of their own witness. (correct)
  • Legal practitioners must actively guide their witnesses during cross-examination.
  • Legal practitioners may interfere with the witness's evidence as needed.
  • Legal practitioners can discuss previous testimonies with witnesses during cross-examination.

Under Rule 12.3, what must a legal practitioner do before making allegations against a cross-examined witness?

  • Provide written notice to the witness before cross-examination.
  • Allow the witness an opportunity to answer that allegation during cross-examination. (correct)
  • Ensure that the witness is aware of the implications of the allegations.
  • Consult with the court about the allegations before proceeding.

What is prohibited by Rule 12.5 regarding the conduct of legal practitioners?

<p>Asking questions intended to vilify, insult, or annoy. (A)</p> Signup and view all the answers

What wider direction does the court usually issue to witnesses while they are on the stand?

<p>Not to discuss their evidence with anyone during their testimony. (A)</p> Signup and view all the answers

In situations where a legal practitioner seeks to suggest a witness is lying, what rule may apply?

<p>Rule 12-3, which regulates allegations against witnesses. (C)</p> Signup and view all the answers

Which action is considered an abuse of the function of a legal practitioner under Rule 12.5?

<p>Using intimidation tactics during questioning. (C)</p> Signup and view all the answers

What does Rule 12.6 stipulate regarding legal practitioners and witness statements?

<p>They have the right to interview witnesses called by any party at any stage. (A)</p> Signup and view all the answers

What is the key restriction outlined in Rule 12.8 concerning witness payments?

<p>Payments to witnesses must not be conditional on the nature of their evidence. (B)</p> Signup and view all the answers

According to the guiding principles of Rule 13, what is an obligation of a legal practitioner in court?

<p>They should conduct themselves in a manner consistent with the authority of the court. (D)</p> Signup and view all the answers

What is one of the responsibilities of legal practitioners in relation to courtesy in court as set out in Rules 13.2 and 13.3?

<p>They are required to extend courtesy to all individuals present, not just the court. (A)</p> Signup and view all the answers

What is the rationale behind the restriction on contingent payments to witnesses?

<p>To promote transparency and ensure truthful evidence is provided. (D)</p> Signup and view all the answers

Under Rule 12.7, what must a legal practitioner consider when interviewing a witness?

<p>The stage of the proceedings and the nature of the witness's testimony. (A)</p> Signup and view all the answers

What could be a potential consequence of failing to respect the court, as urged by Rule 13's guiding principles?

<p>Legal practitioners could face disciplinary actions or penalties. (B)</p> Signup and view all the answers

How does Rule 12.8 relate to the concept of witness integrity in legal proceedings?

<p>It prevents witness payments to maintain impartiality and honesty. (D)</p> Signup and view all the answers

What is one aspect that does not fall under the guiding principles for legal practitioners while in court?

<p>Being dismissive toward the court's authority during arguments. (D)</p> Signup and view all the answers

What is the primary responsibility of a legal practitioner regarding their client's case?

<p>To conduct a thorough risk-benefit evaluation (C)</p> Signup and view all the answers

What should a solicitor do if they believe a legal position is untenable?

<p>Decline to put the position forward (A)</p> Signup and view all the answers

What does the duty to assess the merits of any application before invoking the court's processes entail?

<p>Evaluating the potential benefits and risks for the client (D)</p> Signup and view all the answers

What can impact a lawyer's professional conduct as per the court's perspective?

<p>Their personal conduct and respect towards the court (C)</p> Signup and view all the answers

Under what circumstance might a lawyer be struck off from practicing law?

<p>For exhibiting unprofessional behavior (A)</p> Signup and view all the answers

What must not influence a legal practitioner's professional assessment of the case?

<p>The legal practitioner's personal feelings about the accused (B)</p> Signup and view all the answers

According to Rule 14.4, what must a legal practitioner avoid if their client confesses to an offense?

<p>Making any submission inconsistent with the confession (D)</p> Signup and view all the answers

What is emphasized about a client's decision after receiving legal advice according to the rules?

<p>The client's decision is final, regardless of advice (A)</p> Signup and view all the answers

What does Rule 14.7 specify regarding the legal practitioner's duty after a conviction?

<p>To present a plea in mitigation without scandalous allegations (D)</p> Signup and view all the answers

What do Rule 14.6 and Rule 15 share in terms of principles?

<p>Both focus on the responsibility and obligations in criminal proceedings (B)</p> Signup and view all the answers

According to Rule 15-2, how must a legal practitioner present evidence in prosecution?

<p>In a fair and impartial manner (D)</p> Signup and view all the answers

What is prohibited during a plea in mitigation as per Rule 14.7?

<p>Making scandalous allegations (A)</p> Signup and view all the answers

In which situation does Rule 14.6 apply?

<p>When an accused person absconds during proceedings (B)</p> Signup and view all the answers

What is the main focus of Rule 14.3 regarding legal practitioners?

<p>The practitioner's specific professional obligations to the accused (D)</p> Signup and view all the answers

What does Rule 14.8 address regarding a legal practitioner's obligations?

<p>Handling of previous convictions of the accused (C)</p> Signup and view all the answers

What is the prosecutor obligated to disclose regarding persons who could provide evidence?

<p>Their identity and location (B)</p> Signup and view all the answers

What must a prosecutor disclose after a conviction to aid in sentencing?

<p>Relevant information that the court needs (D)</p> Signup and view all the answers

Under what conditions can a prosecutor inform the court of pending proceedings against an accused?

<p>Only if it falls within exceptions set by the rule (D)</p> Signup and view all the answers

What duty does a prosecutor hold in relation to apparent errors during a trial?

<p>To assist the court by drawing attention to them (D)</p> Signup and view all the answers

What paramount duty does a legal practitioner have towards the court?

<p>To facilitate an honest evaluation of the client's case (C)</p> Signup and view all the answers

What was the issue found in Zhou Tong and others v Public Prosecutor regarding legal work?

<p>The accused were charged for non-existent legal work (B)</p> Signup and view all the answers

In what context was the solicitor sanctioned in Law Society of Singapore v Chung Ting Fai?

<p>For drafting a false affidavit for an extension of time (A)</p> Signup and view all the answers

Which statement best summarizes the role of a solicitor in the context of BOI v BOJ?

<p>The solicitor cannot merely act as a conduit for the client (B)</p> Signup and view all the answers

What is a prosecutor's commitment throughout the trial process?

<p>To assist the court in achieving the correct result (D)</p> Signup and view all the answers

What does Rule 15.3 emphasize about witness testimony?

<p>Conflicts between testimony and prior statements must be disclosed (C)</p> Signup and view all the answers

Flashcards

Witness dealings, Rule 12

Legal practitioners must act fairly when dealing with witnesses, regardless of the witness's evidence. They must decide the substance and form of questions/statements wisely; their duty extends to not interfering with the witness's evidence during cross-examination.

Rule 12.2

A legal practitioner cannot interfere with his own witness's evidence during cross-examination.

Rule 12.3

A lawyer can't accuse a cross-examined witness of wrongdoing without giving the witness a chance to respond during the cross-examination.

Rule 12.5

Avoid making scandalous, vilifying, insulting or annoying statements or questions to/about a witness. These actions are a misuse of legal function.

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Court's directions (witnesses)

Courts often issue broader directions to witnesses, preventing discussions about the case, including during cross examination, while witnesses are on the stand.

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Witness impartiality

Attorneys must ensure any actions or questioning of witnesses do not taint or manipulate a witness's testimony.

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Legal practitioner's Role

A legal practitioner's role regarding witnesses is to ensure a fair and impartial application of the legal process.

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Witness Interview Rights

Legal practitioners can interview any witness, including those called by the opposing side, at any point during proceedings.

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Witness Payment Restrictions

Witness payments for disbursements and expenses must be allowed by law and cannot be contingent on the outcome of the case or the nature of the testimony.

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Witness Payment Example

Witness payments must not depend on the testimony's specifics or the overall case success.

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Court Respect: Duty

Legal practitioners must conduct court proceedings with respect for the court or tribunal's authority, standing, and rules.

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Court Respect: Principle 1

Legal practitioners must always present cases respectfully before the court or tribunal.

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Court Respect: Principle 2

Legal practitioners' conduct must align with the court's authority and standing.

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Court Courtesy: Definition

Legal practitioners must always be respectful and courteous, not just to the court/tribunal but also to all others involved in the proceedings.

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Paramount Duty to the Court

A lawyer's primary responsibility is to the Court, ensuring fair legal processes, even while advocating for their client's interests.

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Wasting Court Time

Lawyers must assess their client's case thoroughly and avoid unnecessary litigation, which wastes the Court's time and resources.

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Rule 5 and 9(1)(e)

These rules emphasize the importance of properly evaluating a client's case and seeking settlement if possible, avoiding unnecessary legal battles.

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Duty to Evaluate Client's Case

Lawyers owe their clients expert advice; they must assess the merits and risks of a case before proceeding, advising their client accordingly.

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Courtesy to the Court

Lawyers must maintain decorum and respect for the Court, ensuring their actions don't undermine the Court's authority.

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Rule 14.3 Obligations

A legal practitioner representing an accused person must follow specific obligations. These include not letting personal opinions about the accused's guilt influence their professional judgment, conduct, or duty to the accused or the court.

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Confession and Legal Representation

If an accused person confesses to a crime to their lawyer, the lawyer can represent them, but they must not use the confession in a way that contradicts it.

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Accused Person's Decision

A legal practitioner must advise an accused person on their options in criminal proceedings but ultimately, the accused person decides how to proceed.

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Plea in Mitigation

When presenting a plea to reduce punishment, a lawyer must not make false allegations or try to insult others.

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Rule 15: Prosecution Principles

Rule 15, focusing on legal practitioners prosecuting in criminal proceedings, shares the same guiding principles as Rule 14.

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Rule 15-2: Fair and Impartial Evidence

A legal practitioner in a prosecution must present evidence only in a fair and unbiased manner.

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Prosecutor's Disclosure Duty

The prosecutor must disclose the identity and location of potential witnesses, even if they won't be called, and any inconsistencies between a witness's statement and their testimony.

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Prosecutor's Post-Conviction Duty

After conviction, the prosecutor must disclose all relevant information to the court for sentencing. This ensures a fair and informed sentence.

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Prosecutor's Restrictions

A prosecutor cannot inform the court about other pending charges against the accused unless specific exceptions apply.

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Prosecutor's Duty to Assist Court

The prosecutor has an ongoing duty to assist the court throughout the trial, including pointing out errors.

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Lawyer's Paramount Duty

A lawyer's primary duty is to the court, ensuring honest and fair administration of justice.

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Providing Honest Evaluation

A lawyer must honestly evaluate their client's case, even if it's not in their favor.

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Lawyer's Duty is First

The lawyer's duty to the court takes precedence over loyalty to their client.

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Consequences of Dishonesty

Dishonesty in legal practice can lead to serious consequences, including charges and disciplinary action.

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Lawyer as a Conduit

A lawyer cannot simply be a messenger between the client and the court, they must act independently and ethically.

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Balancing Act

There's a delicate balance between a lawyer's duty to the court and their duty to their client.

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Study Notes

Witness Communications and Dealings

  • Legal practitioners must act consistently with justice when dealing with witnesses.
  • A legal practitioner's duty is to make judgments regarding the substance and form of questions or statements to witnesses.
  • Courts typically issue wider directions to witnesses than the rules dictate, especially when under cross-examination.
  • Witnesses shouldn't discuss evidence with other people while on the stand.
  • Rule 12.3 prohibits legal practitioners from making allegations against witnesses they have cross-examined unless the witness had opportunity to answer.

Allegations and Suggestions

  • Legal practitioners cannot suggest that a witness or unrelated person is guilty of a crime associated with their client.
  • Legal practitioners cannot suggest that someone other than their client is guilty of a crime.
  • Legal practitioners cannot suggest witnesses are lying.

Interviewing and Taking Statements

  • Legal practitioners have the right to interview witnesses at any stage of proceedings even those called by the opposing party.
  • Rule 12.7 outlines restrictions and requirements when interviewing and taking statements.

Witness Payments

  • Witnesses can receive payments for disbursements and expenses allowed by law.
  • Payments cannot be conditional on the outcome of a case or favorable evidence.

Abuse of Function

  • Any statement or question that is scandalous, insulting, or intended to vilify a witness is considered an abuse of function.

Respect for Court and Tribunal

  • Legal practitioners must present their case and behave respectfully before a court or tribunal.
  • Maintaining respectful and courteous behavior towards the court officials, tribunal, opposing counsel, and witnesses is important.
  • Lawyers must honor every undertaking made to a court or tribunal; however, an undertaking should only be made if the lawyer believes it's necessary, and they know they can honor it.

Undertakings

  • Lawyers need to be clear about the seriousness of their undertakings before making them.
  • Undertaking to a court or tribunal is considered a serious promise; failure to uphold it constitutes misconduct.
  • Lawyers must ensure an undertaking to the court or tribunal is necessary and feasible to uphold.

Court Documents

  • Providing false documents in court is unacceptable and can lead to severe consequences.
  • Creating false documentation might be considered contempt of court or an attempt to prejudice the fairness of a trial.

Conducting Criminal Defence

  • Legal practitioners have a fundamental duty to assist in the administration of justice when defending a client in criminal proceedings.
  • A legal practitioner should provide a defense consistent with constitutional, evidential, and procedural rules in criminal proceedings.
  • A legal practitioner is required to pursue and raise every favorable factor for their client's defense.

Professional Duty

  • A lawyer's duty to the court must always come first, even in the interests of their client.
  • When assessing a case, lawyers must look at the whole picture considering both the client's interests and considerations regarding proper court procedures.
  • Legal practitioner's should not allow client instructions to influence their judgments regarding decisions and actions, particularly when those actions are contradictory to the law.
  • Legal practitioners must use their own judgment regarding a case to consider if the client's actions are contradictory to proper procedure.

Court Conduct

  • Lawyers should be respectful, courteous, and professional when appearing in court.
  • Lawyers must be honest and transparent with the court, and should not engage in actions that may prejudice the fairness of a trial.
  • Lawyers must be truthful and forthright in court, not making statements that are scandalous with intention to annoy or insult others attending court.

Conflict of Interest

  • Lawyers shouldn't take cases if their relationship with the client or court might make it difficult to remain independent.
  • If a lawyer expects to be a witness, they should decline to take the case.

Duty of Candour and Disclosure

  • Lawyers have a duty to disclose all material facts even if those facts are unfavourable to their client's case.

Forgery of Documents

  • Creating false documents is unacceptable and can result in severe consequences for the legal practitioner involved.

Professional Conduct (General)

  • A legal practitioner is expected to act with integrity, honour, and fairness, not for personal gain or to deceive.

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EPR VidLec6 - Past Paper (PDF)

Description

This quiz explores the ethical obligations of legal practitioners when interacting with witnesses. It covers rules regarding questioning, cross-examination, and the prohibition of suggesting guilt. Test your knowledge on the principles governing fair treatment of witnesses in legal proceedings.

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