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QLD Barristers Rules.
QLD Barristers Rules.
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QLD Barristers RulesAllegations against credit etc - ANS-64 . A barrister must not allege any matter of fact
amounting to criminality , fraud or other serious misconduct against any person unless
the barrister believes on reasonable grounds that : ( a available material by which the
allegation could be supported provides a proper basis for it ; and ( b the client wishes
the allegation to be made , after having been advised of the seriousness of the
allegation and of the possible consequences for the client and the case if it is not made
out . 65 A barrister may regard the opinion of the instructing solicitor that material which
is available to the solicitor is credible , being material which appears to the barrister
from its nature to support an allegation to which Rules 63 and 64 apply , as a
reasonable ground for holding the belief required by those Rules ( except in the case of
a closing address or submission on the evidence ) . 66 A barrister must not make a
suggestion in cross - examination on credit unless the barrister believes on reasonable
grounds that acceptance of the suggestion would diminish the credibility of the evidence
of the witness . 67 . A barrister who has instructions which justify submissions for the
client in mitigation of the client's criminality which involve allegations of serious
misconduct against any other person not able to answer the allegations in the case
must seek to avoid disclosing the other person's identity directly or indirectly unless the
barrister believes on reasonable grounds that such disclosure is necessary for the
proper conduct of the client's case .
Application of Rules - ANS-9 . Except as otherwise provided these Rules apply to : ( a a
barrister who is a local legal practitioner , except to the extent that the conduct of the
barrister in relation to practice in another Australian State or Territory is regulated by
Barristers ' Rules for that State or Territory ; ( b ) a barrister who is an interstate legal
practitioner , in relation to practice in this jurisdiction , including work , wherever
performed , in relation to such practice ; and ( c a barrister who is employed by the
Crown or who holds a statutory office save that he or she is exempt from Rules 15-24B
and 95-106 while acting pursuant to that employment or office . 10 These Rules are not
intended to be a complete or detailed code of conduct for barristers . Other standards
for , requirements of and sanctions on the conduct of barristers are found in the inherent
disciplinary jurisdiction of the Supreme Court , the Legal Profession Act 2007 and in the
general law ( including the law relating to contempt of court
Barristers work - ANS-15. Barristers work consists of : appearing as an advocate ; ( (
3200 b ) preparing to appear as an advocate ; ( c ) negotiating for a client with an
opponent to compromise a case ; representing a client in a mediation or arbitration or
, other method of alternative dispute resolution ; ( ) acting as a mediator or arbitrator or
expert in any dispute resolution ; ( e f 000 ) giving legal advice ; preparing or advising on
documents to be used by a client or by others in relation to the client's case or other
affairs ; ( € h ) carrying out work properly incidental to the kinds of work referred to in 15
( a ) 15 ( g ) ; and ( i ) such other work as is from time to time commonly carried out by
barristers . 16 . A barrister must be a sole practitioner , and must not : ( a ) practise in
partnership with any person ; ( b ) practise as the employer of any legal practitioner who
acts as a legal practitioner in the course of that employment ; ( c ) practise as the
employee of any person ; ( d ) be a legal practitioner director of an incorporated legal
practice ; or ( e ) be a member of a multi - disciplinary partnership . 17 . A barrister must
not , subject to Rules 18 and 19 , ( a ) act as a person's general agent or attorney in that
person's business or dealings with others ; ( b ) conduct correspondence in the
barrister's name on behalf of any person otherwise than with the opponent ; ( c ) place
herself or himself at risk of becoming a witness , by investigating facts for the purposes
of appearing as an advocate or giving legal advice , otherwise than by - ( i ) conferring
with the client , the instructing solicitor , prospective witnesses or experts ; examining
documents provided by the instructing solicitor or the client , as the case may be , or
produced to the court ; viewing a place or things by arrangement with the instru
BR 20 - ANS-A barrister who is asked by any person to do work or engage in conduct
which is not barristers ' work , or which appears likely to require work to be done which
is not barristers ' work , must promptly inform that person : ( of the effect of Rules 15 ,
16 and 17 as they relevantly apply in the circumstances ; and ( b ) that , if it be the case
, solicitors are capable of providing those services to that person .
BR 24B -Direct Access - ANS-A barrister who proposes to accept instructions directly
from a person who is not a solicitor must : ( a ) inform the prospective client in writing of
: ( i ) the effect of Rules 15 and 17 ; ( ii ) the fact that circumstances may require the
client to retain an instructing solicitor at short notice , and possibly during the
performance of the work ; ( iii ) any other disadvantage which the barrister believes on
reasonable grounds may , as a real possibility , be suffered by the client if the client
does not retain an instructing solicitor ; ( iv ) the relative capacity of the barrister in
performing barristers ' work to supply the requested facilities or services to the client
compared to the capacity of the barrister together with an instructing solicitor to supply
them ; and a fair description of the advocacy experience of the barrister ; and ( b obtain
a written acknowledgement , signed by the prospective client , that he or she has been
informed of the matters in ( a ) above .
BR 30-36 - ANS-30 . A barrister who has knowledge of matters which are within Rule 29
( c ) : ( a ) must seek instructions for the waiver of legal professional privilege if the
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