CORRECT QUESTIONS AND
ANSWERS FOR QLD
PREFACE BR 1-3 - CORRECT ANSWER-1 . These Rules are
made pursuant to the Legal Profession Act 2007. They may be
cited as the 2011 Barristers Rule as amended These Rules
commence on 23 February 2018 2 . The general purpose of
these Rules is to provide...
PREFACE BR 1-3 - CORRECT ANSWER-1 . These Rules are
made pursuant to the Legal Profession Act 2007. They may be
cited as the 2011 Barristers Rule as amended These Rules
commence on 23 February 2018 2 . The general purpose of
these Rules is to provide the requirements for practice as a
barrister and the rules and standards of conduct applicable to
barristers which are appropriate in the interests of the
administration of justice and in particular to provide common
and enforceable rules and standards which require barristers (
a ) to be completely independent in conduct and in professional
standing as sole practitioners ; and ( b ) to acknowledge a
public obligation based on the paramount need for access to
justice to act for any client in cases within their field of practice .
3 . These Rules apply throughout Australia to all barristers .
INTRODUCTION Objects - CORRECT ANSWER-4 . The
object of these Rules is to ensure that all barristers : ( a ) act in
accordance with the general principles of professional conduct ;
( b ) act independently c ) recognise and discharge their
obligations in relation to the administration of justice ; and d )
provide services of the highest standard unaffected by personal
interest .
,Principles - CORRECT ANSWER-5 . These Rules are made in
the belief that : ( a ) barristers owe their paramount duty to the
administration of justice ; ( b ) barristers must maintain high
standards of professional conduct ; barristers as specialist
advocates in the administration of justice , must act honestly ,
fairly , skilfully and with competence and diligence ; ( d )
barristers owe duties to the courts , to their clients and to their
barrister and solicitor colleagues ; ( e ) barristers should
exercise their forensic judgments and give their advice
independently and for the proper administration of justice ,
notwithstanding any contrary desires of their clients ; and ( f )
the provision of advocates for those who need legal
representation is better secured if there is a Bar whose
members : ( i ) must accept briefs to appear regardless of their
personal beliefs ; ( ii ) must not refuse briefs to appear except
on proper professional grounds ; and ( iii compete as specialist
advocates with each other and with other legal practitioners as
widely and as often as practicable
Interpretation - CORRECT ANSWER-6 . These Rules should
be construed to promote the objects and principles expressed
in this Introduction . 7 . General provisions of these Rules
should not be read or applied in a limited way by reason of any
particular or illustrative provisions . 8 . Headings in these Rules
shall be read as part of these Rules , but shall not be used so
as to read or apply any of the Rules in a more limited way than
would have been so if the headings were not part of the Rules .
Application of Rules - CORRECT ANSWER-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
Waiver of Rules - CORRECT ANSWER-11 . The Bar Council
shall either before or after the event have the power to waive
the duty imposed on a barrister to comply with the provisions of
these Rules in such circumstances and to such extent as the
Bar Council may think fit and either conditionally or
unconditionally
General - CORRECT ANSWER-12 . A barrister must not
engage in conduct which is : ( a ) dishonest or otherwise
discreditable to a barrister ; ( b ) prejudicial to the administration
of justice ; or ( c likely to diminish public confidence in the legal
profession or the administration of justice or otherwise bring the
legal profession into disrepute . 13 A barrister must not engage
in another vocation which : ( a is liable to adversely affect the
reputation of the legal profession or the barrister's own
reputation ; ( b ) is likely to impair or conflict with the barrister's
duties to clients ; or ( prejudices a barrister's ability to attend
properly to the interests of the barrister's clients . 14 A barrister
may not use or permit the use of the professional qualification
as a barrister for the advancement of any other occupation or
activity in which he or she is directly or indirectly engaged , or
for private advantage , save where that use is usual or
reasonable in the circumstances .
BR 20 - CORRECT ANSWER-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
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