Independence Flashcards
- B not act as mouth piece, must exercise independent forensic judgment
A barrister must not act as the mere mouthpiece of the client or of the instructing solicitor and must exercise the forensic judgments called for during the case independently, after the appropriate consideration of the client’s and the instructing solicitor’s wishes where practicable.
- Not a breach of C duty by exercising IFJ
A barrister does not breach the barrister’s duty to the client, and will not have failed to give appropriate consideration to the client’s or the instructing solicitor’s wishes, simply by choosing, contrary to those wishes, to exercise the forensic judgments called for during the case so as to:
(a) confine any hearing to those issues which the barrister believes to be the real issues,
(b) present the client’s case as quickly and simply as may be consistent with its robust advancement, or
(c) inform the court of any persuasive authority against the client’s case.
- No subs personal opinion on ev or issues
A barrister must not make submissions or express views to a court on any material evidence or issue in the case in terms which convey or appear to convey the barrister’s personal opinion on the merits of that evidence or issue.
- No dealing with court in informal/familiar
A barrister must not in the presence of any of the parties or solicitors deal with a court on terms of informal personal familiarity which may reasonably give the appearance that the barrister has special favour with the court.
- No payment/gift in connection with work
A barrister may not make a payment or gift to any person by reason of or in connection with the introduction of professional work by that person to the barrister.
- No undue inf. over C in excess of rem for work
A barrister must not in any dealings with a client exercise any undue influence intended to dispose the client to benefit the barrister in excess of the barrister’s fair remuneration for the legal services provided to the client.
- No loan from C, relative or business associated with C during course of retainer
A barrister must not receive any money or property by way of loan from any client, the relative of a client or a business entity of which a client is a director, partner or manager, during the course of a retainer with that client unless the ordinary business of the client, client’s relative or the business entity includes lending money.
