Ethics Common Law Flashcards
(40 cards)
Giannarelli v Wraith
Lawyer’s duty to the court is paramount. Lawyer should be independent and assist the court in the speedy administration of justice
Cleveland Investment Group Limited v Evans
Test applied when exercising the discretion to restrain a lawyer from acting.
Test is whether a fair minded reasonably informed person would find it subversive to the administration of justice to allow the lawyer to continue acting.
Finch v Heath Group Pty Ltd
Exercising power to remove lawyer from acting should done so only in extreme cases as it interferes with a client’s right to choose their own lawyer
Owens v Owens
Discretion to remove lawyer for disrespectful behaviour
Meek v Flemming
A court may set aside judgment where the court has been misled or evidence was omitted.
Also authority for not permitting a witness to give half truths
Lougheed Enterprises Ltd v Armbruster
A lawyer is obliged to press such rational considerations as the evidence fairly gives rise to
Jeffery v Associate National Insurance Co Ltd
Lawyer must not accept brief if they will likely be a witness in the case
Freeman v Vicchiarelli
Lawyer must avoid representing a client where partner, family or friends are likely to be a witness.
Scallan v Scallan
Conflict of Interest - Test is the balance between public interest that party should no be deprived of a lawyer of choice without good cause, and the cost, inconvenience or impracticability of the lawyer being restrained.
Brown v Daniel
lawyer who becomes a witness may continue representing client if it is not possible to withdraw without jeopardising the clients case
Barrott v Barrott
Independence - Counsel must be personally remote from subject matter of the dispute
Re Gruzman
Lawyer must not mislead the court as to the law and must ensure that the law is applied correctly
Rondel v Wosley
Lawyer must not withhold authorities that may tell against their client, but which the law or the standards of the profession require them to produce
Re Davis
A lawyer must not mislead the court
Vernon v Bosley (no 2)
Lawyer’s duty to correct any misapprehension
Kyle v Legal Partitioners Complain Authority
If a witnesses statement is put to enquiry, the facts stated should where practicable be checked are true
Thomas A Edison v Bullock
In ex parte applications counsel must bring forward all material facts which the other party would presumably brought forward in defence.
Perpetual Trustee Co Ltd v Cowley
where client has committed perjury and refuses to inform the court, the lawyer must withdraw but not tell the court
K(R) v K(S)
lawyer must not advise a client to disobey a court order
R v Noble
Duty not to coach or encourage a witness to give evidence different from what the witness believes to be true or suggest answers
Deacon v Australian Capital Territory
a lawyer must not prevent or discourage a witness from conferring with an opponent or being interviewed by another person. This does not prohibit simply telling a witness that they need not agree to confer or be interviewed
R v Turner
Lawyer should endeavour to avoid being alone with the judge from the commencement of the hearing until the conclusion without consent of the other party
Also Lawyer must give advice about whether to accept a plea and should take written instructions.
Clyne v New South Wales Bar Association
It is a barrister’s profession responsibility to not make allegations without sufficient basis or without reasonable grounds
Steindl Nominees Pty Ltd v Laghaifar
it is improper for counsel to present, even on instructions, a case which he regards as bound to fail