What are the key principles under 'You and the Court' section that must be adhered to by advocates?
Independence in the Interests of Justice, Not Misleading the Court, Not Abusing Your Role as an Advocate.
What should you not do in relation to misleading the court?
You must not make untrue or misleading statements, and you can call a witness as long as you inform the court about the misleading nature.
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These flashcards cover crucial aspects of professional ethics pertinent to barristers, outlining their responsibilities towards the court, clients, and statutory obligations.
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What are the key principles under 'You and the Court' section that must be adhered to by advocates?
Independence in the Interests of Justice, Not Misleading the Court, Not Abusing Your Role as an Advocate.
What should you not do in relation to misleading the court?
You must not make untrue or misleading statements, and you can call a witness as long as you inform the court about the misleading nature.
What does the duty of honest and integrity include?
Not misleading anyone, properly supporting documents and not encouraging witness to give untruthful evidence.
What is prohibited under the duty to act with independence?
Offering referral fees or gifts, lending money, and accepting any money that could compromise independence.
What constitutes direct discrimination?
When someone is treated less favorably based on a protected characteristic.
What should a barrister do if they need to cease acting and return instructions?
They must cease acting if instructed by a client who refuses to disclose necessary information to the court.
What is the Cab-Rank Rule?
A self-employed barrister must accept a brief from a professional client in a field they are knowledgeable about, regardless of the client's nature or identity.
What must a barrister do when handling public access clients?
They must inform clients of their status, provide a model letter detailing the work to be provided, fees, and information about the complaints procedure.
What must a barrister do if they suspect money laundering or terrorist financing?
They owe a duty to understand the principles of ML and TF, and not become involved in conduct that involves ML or TF.
What is the responsibility of a barrister regarding client money?
You must not receive, control, or handle client money apart from what the client pays you for legal services.