Podcast
Questions and Answers
In jurisdictions where the legal profession was historically divided, what distinguished barristers from solicitors?
In jurisdictions where the legal profession was historically divided, what distinguished barristers from solicitors?
- Barristers interfaced directly with clients on fee issues, unlike solicitors.
- Solicitors had the exclusive right to represent clients in criminal proceedings.
- Solicitors specialized in advocacy, while barristers managed client affairs.
- Barristers had a right of audience in all courts, while solicitors did not have that right in the higher courts. (correct)
What was a significant challenge faced by aspiring solicitors in the Caribbean under the old English system of legal training?
What was a significant challenge faced by aspiring solicitors in the Caribbean under the old English system of legal training?
- The limited availability of academic law degrees in the Caribbean.
- The high cost of attending the Inns of Court in England.
- The requirement to pass examinations administered by Caribbean Law Societies.
- The difficulty in securing articles with a qualified solicitor and the inadequacy of training for English exams. (correct)
What prompted the Council of the University of the West Indies to commission the Wooding Committee in 1963?
What prompted the Council of the University of the West Indies to commission the Wooding Committee in 1963?
- To limit the number of attorneys-at-law practicing in the region.
- To address concerns about the existing system of legal training and make recommendations for the future. (correct)
- To mandate that all lawyers in the Caribbean receive their training in England.
- To establish a clear separation between barristers and solicitors in the Caribbean.
How does the manual define the term 'our jurisdictions'?
How does the manual define the term 'our jurisdictions'?
Besides representing their clients, what other duty do attorneys-at-law have as officers of the court?
Besides representing their clients, what other duty do attorneys-at-law have as officers of the court?
What is the significance of attorneys being classified as Designated Non-Financial Institutions (DNFIs) or Designated Non-Financial Businesses and Professions (DNFBPs)?
What is the significance of attorneys being classified as Designated Non-Financial Institutions (DNFIs) or Designated Non-Financial Businesses and Professions (DNFBPs)?
Besides the LPAs and codes of ethics, what else should attorneys consider in their conduct?
Besides the LPAs and codes of ethics, what else should attorneys consider in their conduct?
How does the manual describe the role of class participation?
How does the manual describe the role of class participation?
According to the course director, what should students do if they have concerns about the course?
According to the course director, what should students do if they have concerns about the course?
What is the objective of the course?
What is the objective of the course?
What does the course director want you to remember about the course?
What does the course director want you to remember about the course?
Why it is essential to understand your core duties and obligations?
Why it is essential to understand your core duties and obligations?
What should you do if you are having trouble understanding any aspect of the course?
What should you do if you are having trouble understanding any aspect of the course?
What is covered in the codes of ethics?
What is covered in the codes of ethics?
What constitutes the summative assessment toward the end of the academic year?
What constitutes the summative assessment toward the end of the academic year?
What are the territories covered in this manual?
What are the territories covered in this manual?
How may lawyers be described?
How may lawyers be described?
What are your tutor consultations for?
What are your tutor consultations for?
For the purposes of the manual, when should you refer to your code?
For the purposes of the manual, when should you refer to your code?
In legal contexts, what does the term 'retainer' primarily refer to?
In legal contexts, what does the term 'retainer' primarily refer to?
How is a 'general retainer' typically defined?
How is a 'general retainer' typically defined?
In the absence of a formally written agreement for a retainer, what can a court consider to determine its existence?
In the absence of a formally written agreement for a retainer, what can a court consider to determine its existence?
In a dispute over the existence of a retainer agreement, whose assertion typically receives more weight in the absence of independent evidence?
In a dispute over the existence of a retainer agreement, whose assertion typically receives more weight in the absence of independent evidence?
Whilst a written agreement is not always necessarily required for a retainer, what exception exists?
Whilst a written agreement is not always necessarily required for a retainer, what exception exists?
If an attorney commences action without authority, can the client later validate these actions?
If an attorney commences action without authority, can the client later validate these actions?
What happens when a retainer never existed
What happens when a retainer never existed
In Yonge v. Toynbee, what was the consequence when solicitors continued action on behalf of a client who became of unsound mind?
In Yonge v. Toynbee, what was the consequence when solicitors continued action on behalf of a client who became of unsound mind?
What express authority can give give rise to?
What express authority can give give rise to?
In litigious matters, what has implied authority accepted to do?
In litigious matters, what has implied authority accepted to do?
What case provided useful insight into the concept of ostensible authority?
What case provided useful insight into the concept of ostensible authority?
What presumption exists at common law when it comes to the retainer?
What presumption exists at common law when it comes to the retainer?
What is the case of Hall v Barker often compared to?
What is the case of Hall v Barker often compared to?
How may a client terminate the retainer at common law?
How may a client terminate the retainer at common law?
What cases generally cover the termination of the entire or non-entire contracts?
What cases generally cover the termination of the entire or non-entire contracts?
Flashcards
Legal ethics
Legal ethics
Rules governing attorneys, derived from legislation and common law.
Ethical Learning
Ethical Learning
Imagine yourself in the lawyer's position in each case presented.
Honourable profession
Honourable profession
The legal profession is considered highly esteemed.
Rules for Lawyers
Rules for Lawyers
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Ethical Sanctions
Ethical Sanctions
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Roles of Attorneys
Roles of Attorneys
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Regulatory Framework
Regulatory Framework
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Retainer
Retainer
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Retainer requirements
Retainer requirements
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Retainer disputes
Retainer disputes
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Authority of the lawyer
Authority of the lawyer
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Actions without authority
Actions without authority
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Entire contract principle
Entire contract principle
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Non-entire vs Entire Contracts
Non-entire vs Entire Contracts
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Important for lawyers
Important for lawyers
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Study Notes
Course Overview
- The Ethics, Rights, and Obligations of the Legal Profession course aims to expose students to the legal rules governing attorneys-at-law in their respective jurisdictions, drawing from principal and subsidiary legislation, and common law.
- The course is personal, with cases serving as cautionary tales for lawyers to identify obligations and act appropriately.
- Necessary to understand duties, obligations, rights, and privileges as a legal professional to avoid punishment or penalties.
General Learning Objectives
- Identify relevant issues in legal practice scenarios.
- State and explain applicable legal principles with appropriate authority.
- Exhibit understanding of potential consequences for attorneys failing to comply with ethical obligations.
- Advise interested parties on the above.
- Exhibit understanding and appreciation of the rationale for ethical obligations on attorneys.
Course Delivery Methodology
- Face-to-face, two-hour seminars.
- Students are expected to take primary responsibility for their learning.
- Seminars involve classroom activities, with feedback from tutors and classmates.
Course Outline
- Structure Regulation and Status of Legal Profession
- The Contract of Retainer
- Remuneration
- Conflicts of Interest and Other Disabilities
- Duties of Care and Skill (Professional Negligence)
- Duty of Confidence and The Preservation of Legal Professional Privilege
- Duties in Respect of Anti-Money Laundering and Countering the Financing of Terrorism
- Duties in Respect of Client Funds
- Professional Undertakings
- Duties of The Advocate
- Contempt of Court
- Advertising
- Professional Discipline
History of the Legal Profession
- Legal profession roots are in English common law, with the influence of English cases marked.
- Historically there was a distinction between advocates (barristers) and chamber lawyers (solicitors).
- Barristers had audience in all courts, solicitors did not have the right to speak in higher courts.
- Barristers could not directly receive work, needed to be briefed by solicitors.
- Specialization exists, attorneys-at-law have the same rights/obligations, no matter the specialism.
- In 1963, the Wooding Committee reviewed the system to make recommendations of legal training.
Role and Status of Attorneys-at-Law
- Attorneys-at-law have a role as officers of the court.
- Courts have jurisdiction to admit and discipline attorneys.
- Duty of attorneys-at-law: do not mislead the court.
- Attorneys-at-law are subject to obligations stemming from relationships.
- Attorneys have been identified as guardians of the financial system, must avoid financial crime.
Regulatory Framework
- Includes common law, Legal Profession Acts (LPAs) in jurisdictions, codes of ethics, rules, and instruments designating attorneys for certain purposes.
- LPAs allow enrollment, admission, status of attorneys, discipline, accounts, remuneration and costs.
- Codes of ethics concern behaviour in relation to themselves, the state, public, courts and fellow attorneys.
Nature and Formalities of Retainer
- Retainer refers to a sum of money in respect of services or to the contract between the attorney and client.
- Retainer forms foundation of attorney-client relationship, may be a general retainer or specific matters.
- Long-term use does not warrant a retainer.
Authority of Retained Attorney
- Stems from retainer
- It is important that the attorney not go outside of the authority conferred on him by the retainer.
- Authority may be express or implied.
- There is "ostensible authority" that binds the principal to a third party even without actual authority.
Duration and Termination
- Common law presumes an entire contract, requiring completion for payment.
- Retainer provides payment on interim basis, so presumption can be rebutted.
- Termination at common law can differ depending on retainer.
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