App of rules - Barristers Conduct Rules Flashcards
What are the barrister conduct rules?
The legal profession act empowers the bar association to make rules about the legal practice of barrister in Queensland and the failure to comply with those rules may amount in unsatisfactory or professional misconduct (s220; 227 LPA).
The objects and principles of the rules are set out in r 4 and 5 of the BCR.
R 9 rules apply to local, interstate, and barristers employed by the crown who practice in Queensland.
R 10 the rules are not intended to be a complete or detailed code of conduct and there are other standards of practice which the SC can make, the LPA, or in general law.
Is the BCR an exhaustive code of conduct for barristers?
No - r 10 the rules are not intended to be a complete or detailed code of conduct for barristers…the SC and LPA and general law also standards and conduct of barristers.
Who does the BCR apply to?
r 9 (a) barrister who is a legal practices law in qld (b) intestate barristers practicing in QLD and (c) a barrister who is employed by the Crown
The function of the Bar is essential to….and without the services of the bar members of society would….
The function of the Bar is essential to the efficient performance of the judicial function of doing justice according to law.
Without the services of the Bar, the members of society would be without effective access to justice and courts and tribunals would be unable efficiently to administer justice according to law.
r 5(f) the provision of advocates for those who need legal representation is better secured if there is a Bar whose member:- [finish section - hint ]
(i) accept briefs to appear regardless of personal beliefs
(ii) must not refuse briefs to appear except on proper professional grounds
(iii) compete as specialist advocates with each other and with other legal practitioners as widely and as often as practicable
