EPR 7 - Legal Ethics Lecture: Advocates and Solicitors
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Questions and Answers

What is the primary concern when arguments clash in a legal context?

  • To achieve a resolution at any cost.
  • To generate more conflicts than solutions.
  • To arrive at the emergence of the truth. (correct)
  • To ensure that arguments are delivered anonymously.

What role does courtesy and fairness play among legal practitioners?

  • It is a secondary concern to the client’s interests.
  • It is unrelated to the duties owed to the court.
  • It often leads to more adversarial behavior.
  • It facilitates the fulfillment of duties to both the client and the court. (correct)

What was one consequence of the contentious letter written by Terence Tan Bien Chai?

  • It led to immediate court sanctions against the receiving lawyer.
  • It was deemed to breach provisions regarding offensive letters. (correct)
  • It was praised for its professional tone.
  • It was encouraged as a standard practice among legal communication.

What does the adversarial system ideally allow legal counsel to do?

<p>Join in legal combat while maintaining respect for the law. (D)</p> Signup and view all the answers

What was the disciplinary tribunal’s view on the express threat made by Terence Tan Bien Chai?

<p>It demonstrated a lack of professionalism. (D)</p> Signup and view all the answers

What is suggested about the lawyer’s conduct in adversarial legal proceedings?

<p>The pursuit of truth should not lead to discourtesy. (C)</p> Signup and view all the answers

Which statement reflects a common misconception about the duties of lawyers to the court?

<p>Courtesy is a non-essential aspect of legal duties. (A)</p> Signup and view all the answers

What was the broader implication of the conduct assessed by the disciplinary tribunal?

<p>Conduct affects the court's ability to ascertain true facts. (A)</p> Signup and view all the answers

How does the ideal of legal practice relate to the adversarial system?

<p>It emphasizes competitive fairness and respect among practitioners. (C)</p> Signup and view all the answers

What is the primary purpose of Rule 7(1) regarding legal practitioners?

<p>To require practitioners to engage with each other in good faith. (B)</p> Signup and view all the answers

Which statement reflects the guidance from the case China Insurance Co (Singapore) Pte Ltd v Liberty Insurance Pte Ltd?

<p>It is possible to disagree without being disagreeable. (C)</p> Signup and view all the answers

What does Rule 27 primarily promote in the context of legal practice?

<p>The overall administration of justice and ethical conduct. (B)</p> Signup and view all the answers

According to the guidelines, what is recommended regarding communication with represented clients?

<p>Express approval is required before communicating with represented clients. (D)</p> Signup and view all the answers

What is indicated by the judgment in Law Society of Singapore v Terence Tan Bian Chye regarding behavior among legal practitioners?

<p>Legal combat can occur without compromising professional decorum. (C)</p> Signup and view all the answers

What is required of a lawyer when undertaking an obligation to another lawyer?

<p>The lawyer must believe the undertaking is necessary and that he can fulfill it. (B)</p> Signup and view all the answers

In what situation can a lawyer request confirmation of another lawyer's authority to act for a person?

<p>When the first lawyer doubts the written representation provided. (B)</p> Signup and view all the answers

What is the consequence if a lawyer does not honor an undertaking made to another lawyer?

<p>It may be viewed as a grave breach of professional responsibility. (B)</p> Signup and view all the answers

What does Rule 7.6 specifically state about a lawyer's obligations?

<p>A lawyer must honor every undertaking given to another lawyer. (D)</p> Signup and view all the answers

What does a solicitor's undertaking represent according to recent court decisions?

<p>A personal promise made by the solicitor that is not transferable. (B)</p> Signup and view all the answers

Which of the following actions is prohibited for attorneys in relation to other lawyers?

<p>Obtaining evidence of wrongdoing through improper means. (B)</p> Signup and view all the answers

What might a lawyer do if he doubts another lawyer's authority based on their written representation?

<p>Request the lawyer to produce proof of their warrant to act. (C)</p> Signup and view all the answers

What is a key element of a lawyer's duty towards undertakings made to another lawyer?

<p>Acting in a professional and responsible manner. (D)</p> Signup and view all the answers

Which of the following statements about entrapment of lawyers is correct?

<p>Lawyers must not seek evidence of wrongdoing through entrapment. (D)</p> Signup and view all the answers

What does Rule 7N state regarding written representation from another lawyer?

<p>The first lawyer must accept it unless there is good reason to doubt it. (A)</p> Signup and view all the answers

What is the primary responsibility an advocate and solicitor has towards their client?

<p>To act in the client's best interest (B)</p> Signup and view all the answers

How does the relationship between advocates and solicitors impact public perception?

<p>It enhances public confidence in the administration of justice (A)</p> Signup and view all the answers

According to the principles outlined, what is essential for the effective functioning of advocates and solicitors?

<p>Having a courteous and dignified relationship (D)</p> Signup and view all the answers

What dilemma is said to exist regarding the advocate's duty and client representation?

<p>Conflict between courtesy and aggression towards opposing counsel (A)</p> Signup and view all the answers

What does the analogy of a well-oiled machine symbolize in the context of advocacy and solicitors?

<p>The importance of teamwork among legal professionals (B)</p> Signup and view all the answers

What was the position of the Honourable Judicial Commissioner regarding the adversarial system?

<p>Professional courtesy should coexist with advocacy efforts (C)</p> Signup and view all the answers

Which principle is crucial for professional interactions among advocates and solicitors according to PCR 2015?

<p>Maintaining fairness and courtesy in dealings (C)</p> Signup and view all the answers

What is the purpose of Rule 29 of PCR 2015?

<p>To ensure a lawyer provides a chance for another lawyer to respond to allegations. (B)</p> Signup and view all the answers

Under what circumstances does Rule 27 of PCR 2015 become applicable?

<p>When entering judgment in default of appearance and with prior knowledge of the other lawyer's involvement. (A)</p> Signup and view all the answers

What should be done before making allegations against another lawyer according to Rule 29?

<p>Provide the affected lawyer an opportunity to respond. (A)</p> Signup and view all the answers

What guiding principles underlie Rule 27 of PCR 2015?

<p>Courtesy and fairness among solicitors. (A)</p> Signup and view all the answers

What does the two working days notice in Rule 27 of PCR 2015 pertain to?

<p>Entering judgment in the absence of an appearance. (C)</p> Signup and view all the answers

What is a potential consequence of not complying with Rule 29?

<p>Sanctions may be imposed against the lawyer making the allegations. (A)</p> Signup and view all the answers

Which of the following statements reflects the status of Rule 27 and Rule 28 of PCR 2015?

<p>Each rule must be interpreted together to understand their implications. (C)</p> Signup and view all the answers

What remains unsettled regarding the application of the rules in PCR 2015?

<p>The timing and context of applying Rule 27. (C)</p> Signup and view all the answers

What is the primary reason for the inclusion of Rule 29 in PCR 2015?

<p>To maintain professional integrity and fairness among solicitors. (B)</p> Signup and view all the answers

What is a possible interpretation of Rule 28 in relation to entering judgments?

<p>It can be applied similarly to judgments entered in default. (D)</p> Signup and view all the answers

Flashcards

Advocate and Solicitor Relationship

The interaction between advocates and solicitors significantly impacts public perception of justice and the legal profession.

Client's Best Interest

Each lawyer has a duty to prioritize their client's needs and interests.

Courtesy and Dignity

Courteous and respectful interactions between advocates and solicitors enhance efficient dispute resolution and client well-being.

Duty of Fairness and Courtesy

Lawyers should treat each other fairly and with courtesy, even in an adversarial setting.

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PCR 2015 Rules

Guidelines (Rules 7.1 and 27, in particular) offering guidance for professional conduct and interactions between advocates/solicitors.

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Conflict of Duty (Advocate/Solicitor)

No inherent conflict exists between a lawyer's duty to their client and courtesy to other lawyers, particularly in adversarial situations.

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Professional Courtesy & Decency

Maintaining reasonable and appropriate behavior while advocating for clients.

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Lawyer's Undertaking

A solemn promise made by one lawyer to another lawyer, upon which the receiving lawyer can rely by making concessions or taking specific actions.

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Breaching a Lawyer's Undertaking

Failing to fulfill a promise made to another lawyer, violating professional conduct and responsibility.

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Solicitor's Undertaking

A personal commitment made by a solicitor, not binding on their client, even if the client instructed the solicitor differently.

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Lawyer's Authority to Act

A lawyer can inquire about another lawyer's authority to represent a client, and should accept written confirmation of authority unless there are valid concerns.

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Requesting a Lawyer's Warrant

A lawyer can request another lawyer's warrant to act, even after receiving written representation, if there are reasonable doubts about the authority.

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Entrapment by a Lawyer

A lawyer engaging in tactics to illicit evidence of wrongdoing from another lawyer, using illegal or improper means.

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Obtaining Evidence of Wrongdoing

Lawyers can only obtain evidence of another lawyer's wrongdoing through ethical and legal means, not by entrapment.

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Duty of Courtesy and Fairness

Lawyers must treat each other with courtesy and fairness, even in adversarial settings.

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Breach of Duty of Courtesy

Actions by a lawyer that violate the duty of courtesy and fairness towards another lawyer can undermine the legal system.

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Practice Direction 8.5.5

This practice direction prohibits entrapment or other illegal means to obtain evidence of another lawyer's wrongdoing.

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Heat vs. Light

A good debate should focus on finding truth, not just making arguments. Too much personal attack or emotion gets in the way.

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Disagreement vs. Disagreeable

You can disagree with someone's opinion without being rude or offensive.

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Lawyers' Duties to the Court

Lawyers have a responsibility to act fairly and ethically in court, putting the best interests of justice before their own personal feelings.

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Courtesy and Fairness: Not Optional

Lawyers must treat each other with respect, even in legal battles. This helps the court find the truth and get to a fair decision.

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Court Hindered by Unseemly Conduct

When lawyers act rudely or unfairly, it makes it harder for the court to get to the facts of a case and make a just decision.

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No Conflict Between Duties

A lawyer's duty to be courteous to other lawyers does not conflict with their duty to their client. Both are important.

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Breach of Courtesy & Fairness

A lawyer who behaves rudely or makes unfair accusations can be punished for breaking these rules of professional conduct.

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Lawyer's Letter is Out of Line

In one case, a lawyer wrote a rude letter to another lawyer, accusing them of dishonesty and threatening them.

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Discipline for Lawyers

If a lawyer acts unfairly or disrespectfully, the Law Society can investigate and possibly discipline them.

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Rule 7(2) - Disputes

This rule allows for disagreements between lawyers to be settled without unnecessary complications. It emphasizes professionalism and respect even during disagreements.

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Guiding Principles for Lawyer Interactions

Rules 7(1) and 27 of the PCR outline key principles for how lawyers should interact with each other. They promote good faith and justice in the legal system.

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Threatening Other Lawyers

Legal practitioners are prohibited from threatening other lawyers. Such actions are considered unprofessional and can lead to disciplinary action.

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Allegation of Misconduct vs. Complainant's Conduct

The substance of a misconduct allegation is assessed separately from the complainant's own actions. Fairness dictates that both parties are judged independently.

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Undertakings to Other Solicitors

Under Rule 7(3), lawyers cannot communicate with a represented client without express approval unless it's not practicable or causes severe prejudice to their client.

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Rule 70, PCR-2010

This rule outlines specific guidelines for interacting with other lawyers, emphasizing courtesy and fairness. These guidelines are designed to promote a professional and ethical legal environment.

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Rule 27, PCR-2015

This rule requires a lawyer to give two days' notice to the opposing lawyer when intending to enter a default judgment in favor of their client. This notice allows the opposing lawyer to respond and ensures fair procedures.

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Appearance Stage

This stage in a lawsuit refers to the time period when a defendant formally acknowledges the lawsuit by filing an appearance in court. It's a crucial step in the legal process.

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Default Judgement

If a defendant fails to respond to a lawsuit within a specific time frame (and doesn't file an appearance), the court can automatically rule in favor of the plaintiff. This is known as a default judgment.

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Rule 29, PCR-2015

This rule, emphasizing fairness and courtesy, prohibits lawyers from making allegations against other lawyers in court documents without granting the accused lawyer the opportunity to respond.

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Allegations Against Another Lawyer

In legal proceedings, an allegation against another lawyer can be a serious matter that can impact their reputation and professional standing.

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Response Opportunity

Rule 29 of PCR-2015 ensures that lawyers accused of wrongdoing in court have the right to respond to those allegations and present their side of the story. This is crucial for protecting their reputation and fair process.

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Guiding Principles of Rule 27

Rule 27 of PCR-2015, emphasizing courtesy and fairness, encourages lawyers to notify their opposite counsel before entering a significant step like a default judgment.

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Two Working Days Notice

Rule 27 of PCR-2015 requires lawyers to give a minimum of two working days' notice to the opposing lawyer before taking certain legal actions, such as entering a default judgment.

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Study Notes

  • The lecture covers subtopics 1, 2, and 3 of the topic.
  • Subtopics 4 to 6 will be covered in a separate lecture.
  • The lecture discusses the ethical responsibilities of advocates and solicitors towards each other.
  • Key duties are courtesy and fairness.
  • Relevant rules are found in PCR 2015 (Rules 27-31, 7.) as well as PCR 2010 (Rules 47, 48, 49, 51, 52, 70, 71, 63, and 53).
  • Rule 7.2 of PCR 2015 is the primary source of the duty of courtesy and fairness. This states legal practitioners must treat each other with courtesy and fairness.
  • Advocates/solicitors are bound by their duty to act in their client's best interest.
  • Professional conduct impacts public perception of the justice system.
  • Courtesy and fairness allow for better collaboration and conflict resolution.
  • Judgments and commentaries from PCR 2010 remain relevant to PCR 2015.

Ethical Responsibilities

  • Advocates and solicitors owe duties of courtesy and fairness to one another.
  • These duties are found in PCR rules.
  • Specific examples: Rule 7 of PCR 2015.
  • Cases cited: China Insurance and Liberty Insurance, Ahmad Khalis bin Abdul Ghani.
  • A courteous relationship leads to better client outcomes.
  • Unnecessary complications in conflicts are avoided.
  • The court relies on proper conduct.

Specific Rules

  • Rule 7.2 of PCR 2015: Duty of courtesy and fairness
  • Rule 7.3: No communication with represented clients without explicit consent
  • Rule 7.6: Honour every undertaking given to another lawyer
  • Rule 7.9: Accept written representations unless reasons
  • Rule 27 of PCR 2015: 2-day notice for default judgments.
  • Rule 28 of PCR 2015: Entering judgments, and notice to other parties.
  • Rule 29 of PCR 2015: Preventing allegations against other lawyers in court documents.
  • Rule 8 PCR 2015: Principles regarding interactions with non-represented persons, fraud or threats.

Conflicts and Breach

  • Conflict between duty to client and duty to other practitioners is addressed.
  • No conflict exists when upholding courtesy and fairness.
  • Specific examples of lawyer conduct and breach:
    • Letters containing threats,
    • Offensive remarks on social media,
    • Improper seeking to influence a client,
    • Failure to honor an undertaking,
    • Unreasonable actions such as demands for immediate actions or threatening actions.
  • Cases: Terence Tan Bien Chai, Ravi s/o Madasamy, Ahmad Khalis bin Abdul Ghani, K Jayakumar Naidu, and more.

Additional Points

  • Lawyers are to act in good faith towards other lawyers
  • Lawyers must not use entrapment to obtain evidence of another lawyer's wrongdoing.
  • There are specific rules for communications with represented clients and with former clients.
  • There are special rules for practicing legal professionals dealing with unrepresented persons.
  • Professional conduct issues include letters containing threats, offensive remarks on social media, improper influence on clients, and failure to honor undertakings.

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Description

This quiz explores the ethical responsibilities of advocates and solicitors in relation to each other, particularly focusing on the duties of courtesy and fairness. Key rules from PCR 2015 and PCR 2010 are highlighted, emphasizing the importance of professional conduct in the legal system. Test your understanding of these crucial aspects of legal practice.

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