Getting too caught up in BSB Civil and Criminal Litigation papers and neglecting Professional Ethics? Unsure where to start revising? Here are the notes I summarized for the professional ethics paper. This notes gives you a birds eye view of the subject matter and it is simple yet comprehensive for...
Notes: CORE DUTIES
❖ There are 10 Core
Duties (CD).
The core professional duties expected of barristers.
❖ The interactions *Exam tip: Must memorize each and every core duties.*
between the CD are
illustrated with arrows
and colours. (read CD 1
page 2 to 3 for further You must observe your
explanation on how duty to the court in the
they interact with administration of justice.
each other) **Most important**
CD 5
You must not behave in a
CD 2 CD 3 CD 4
way which is likely to
You must act in the best You must act with honesty You must maintain your
diminish the trust and
interests of each client. and integrity. independence.
confidence with the public
places in you or in the
profession.
CD 7 CD 8
CD 6 You must provide a You must not discriminate CD 10
You must keep the affairs competent standard of unlawfully against any You must take reasonable steps
of each client confidential. work and service to each person. to manage your practice, or carry
client.
out your role within your practice,
competently and in such a way
as to achieve compliance with
CD 9 your legal and regulatory
You must be open and co- obligations.
operative with your
regulators. 1
, INTRODUCTION TO CORE DUTIES – PROFESSIONAL ETHICS
CD 1 CD 4
You must observe your CD 2
You must maintain your
duty to the court in the You must act in the best
independence.
administration of justice. interests of each client. CD 3
You must act with honesty
HOW TO MAINTAIN
and integrity.
YOUR INDEPENDENCE?
HOW TO ACT IN THE
BEST INTERESTS OF HOW TO ACT WITH
• CD1 is the most ✓ CD4 is closely
EACH CLIENT? HONESTY AND
important CD related to CD3, in
INTEGRITY?
and overrides that you must act
✓ Promoting fearlessly
other CD where with honesty and
and by proper and ✓ Do not mislead the
there is any integrity by not
lawful means their court or anyone else
conflict between allowing outside
best interests ✓ Do not make any
them. influences like
✓ Providing a allegation of fraud
• The financial incentives
competent standard without reasonably
administration of to influence you in
of work and service credible material
accepting instruction
justice relies on ✓ Maintaining client establishing an
advocates being from a client, and in
confidentiality arguable case.
how you argue a
competent and ✓ Maintaining your ✓ By not encouraging
honest. Your duty case.
independence from a witness to give
to the court is to EXAMPLE of
external pressure evidence that is
behaviours that might
act with honesty, ✓ Avoiding conflict of misleading or
integrity and reasonably seen as
interests or untruthful.
compromising
independence situations in which ✓ By not rehearsing,
and above all not independence. (gC18)
you may be practising with or
to mislead the - Offering,
professionally coaching a witness
court, either on promising or
embarrassed. in respect of their
giving referral
the facts or the ✓ Treating your clients evidence.
case or the law. fees, gifts that is
with consideration
not of modest
and respect.
value. 2
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