You and the Court

Question 1

What unregistered barristers must explain to an inexperienced client before supplying legal services

Answer 1

rC144

Question 2

Situations in which rC144 doesn’t apply

Answer 2

rC145

Question 3

If you supply legal services, must not mislead about things like the nature and scope and extent to which you are covered by insurance

Answer 3

rC19

Question 4

Knowingly or recklessly publishing advertising material which is inaccurate or likely to mislead could also result in you being in breach of Rule rC19.

Answer 4

gC57

Question 5

Unregistered barristers breach rC19 if they mislead client into thinking they are subject to same regulation as if you were providing the legal services as a barrister.

Answer 5

gC60

Question 6

Pupils should not hold themselves out as a member of chambers of permit their name to appear as such.

Answer 6

gC62

Question 7

Must not carry on a reserved legal activity unless authorised

Answer 7

rS6

Question 8

Must not permit third party who is not authorised to carry out reserved legal activities on your behalf

Answer 8

rS7

Question 9

Not authorised to carry on reserved legal activity without practising cert

Answer 9

rS8

Question 10

Circumstances in which you practise as a barrister (includes providing legal services and holding out)

Answer 10

rS9

Question 11

Not practising as a barrister if you are a pupil doing a noting brief with permission

Answer 11

rS11

Question 12

Capacities in which you may carry out reserved legal activities

Answer 12

rS16

Question 13

Legal services also regulated by BSB if you carry out reserved legal activities

Answer 13

rS17

Question 14

Need for amended practising cert to practise or supply legal serves in more than one capacity

Answer 14

rS18

Question 15

Second six pupils need permission to supply legal services or exercise a right you have by reason of being a barrister

Answer 15

rS19

Question 16

Need for barristers under three years standing to have a qualified person

Answer 16

rS20

Question 17

One year’s standing for employed barrister providing services to employer

Answer 17

rS21

Question 18

Definition of qualified person

Answer 18

rS22

Question 19

Must notify BSB for direct access and for litigation you need a litigation extension to your practising cert

Answer 19

rS24

Question 20

Must not undertake conduct of client’s general affairs

Answer 20

rS25

Question 21

Employees of BSB entity may not charge for supplying legal services to the public.

Answer 21

rS32

Question 22

Must not knowingly or recklessly mislead or attempt to mislead the court.

Answer 22

rC3.1

Question 23

Must take reasonable steps to avoid wasting the court’s time

Answer 23

rC3.2

Question 24

Must take reasonable steps to ensure the court has before it all relevant decisions and legislative provisions.

Answer 24

rC3.4

Question 25

Duty to act in the best interests of the client subject to duty to court.

Answer 25

rC4

Question 26

Duty to court does not require you to act in breach of duty to keep affairs of each child confidential.

Answer 26

rC5

Question 27

Obligations forming part of duty not to mislead the court.

Answer 27

rC6

Question 28

Knowingly misleading the court includes being complicit, failing to correct the position, being indifferent (reckless), and the duty continues to apply for the duration of the case.

Answer 28

gC4

Question 29

Duty under rC3.4 includes drawing to the attention of the court any decision that might be adverse to your client. Particularly important when appearing against a litigant in person.

Answer 29

gC5

Question 30

You must not abuse your role as an advocate

Answer 30

rC3.2

Question 31

Duty to court does not prevent you from putting forward your client’s case simply because you do not believe it

Answer 31

gC6

Question 32

Not entitled to disclose client telling you they are guilty without client’s consent, could put the prosecution to proof

Answer 32

gC9

Question 33

Would be misleading court if client tells you they are guilty and you put forward a positive case

Answer 33

gC10

Question 34

If there’s a risk court will be misled unless you disclose confidential information should ask client’s permission and withdraw if they do not allow

Answer 34

gC11

Question 35

Cannot disclose convictions without consent, must not say anything that misleads the court. They must allow you to disclose it if there’s a mandatory minimum

Answer 35

gC12

Question 36

If client does not allow you to disclose a document which has to be disclosed should withdraw unless they let you disclose

Answer 36

gC13

Question 37

Aspects of not abusing your role as an advocate

Answer 37

rC7