Ethics bptc - Study guides, Revision notes & Summaries

What are the five ways in which you must act with independence in the interests of justice? (CD1) - ANSWER 1. Not knowingly or recklessly misleading or attempting to mislead the court 2. Not abusing your role as an advocate 3. Taking reasonable steps to avoid wasting the court's time 4. Taking reasonable steps to ensure that the court has before it all relevant decisions and legislative provisions 5. Ensuring that your ability to act independently is not compromised What are the fi...

Circumstances where you must NOT NOT NOT accept Instructions - You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and ...

What are CD2, CD6 and CD7? - - I must act in the BEST INTERESTS of each client - I must keep the affairs of each client CONFIDENTIAL - I must provide a COMPETENT standard of work and service to each client How Core Duty 2 relates to other Core Duties? - Your duty to act in the best interests of each client is subordinate to your duty to the court in the administration of justice, duty to act with honesty and integrity and duty to act independently To whom do I owe the duties under CD 2...

What are CD2, CD6 and CD7? - - I must act in the BEST INTERESTS of each client - I must keep the affairs of each client CONFIDENTIAL - I must provide a COMPETENT standard of work and service to each client How Core Duty 2 relates to other Core Duties? - Your duty to act in the best interests of each client is subordinate to your duty to the court in the administration of justice, duty to act with honesty and integrity and duty to act independently To whom do I owe the duties under CD 2, 6,...

Circumstances where you MAY return your instructions - - I may cease to act and return my instructions where my professional conduct has been called into question; - may cease to act and return my instructions where my client consents- -I may return my instructions and cease to act where I discover privilege or confidential information belonging to another individual in the case I am instructed -I may cease to act and return instructions if despite my reasonable efforts, a hearing becomes f...

Circumstances where you must NOT NOT NOT accept Instructions - You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and ...

Circumstances where you must NOT NOT NOT accept Instructions - You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and ...

Circumstances where you must NOT NOT NOT accept Instructions You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client...

The extent of the duties under CDs 3 & 4 - - You must not do anything that could be reasonably be seen by the public to undermine my honest, integrity (CD3) and independence (CD4) How do my duties to act with honesty, integrity and independence relate to my duty to act in my client's best interests? - They take primacy over them. In other words, if acting in your client's best interests required you to anything inconsistent with your obligations under CD3 and $ it's a NO NO PERSONAL R...

Circumstances where you must NOT NOT NOT accept Instructions You must NOT accept instructions to act in a case ifL -DUE to any EXISTING or PREVIOUS INSTRUCTIONS, you cannot fulfil your obligation to ACT IN THE CLIENT's BEST INTERESTS; -THERE IS A CONFLICT OF INTEREST, or a REAL RISK of a conlict of interest between your own personal interests and thst of a prospective client; -THERE is a CONFLICT OF INTEREST, or a REAL RISK of a conflict of interest, bwtween the prospective client and on...