Queensland Bar Exam (Ethics) cheat sheet

The advocate's overriding duty is to the court and the administration of justice; it prevails over any duty to the client, so a client's instruction to mislead the court must be refused.

A practitioner must not knowingly mislead the court, must correct any inadvertent misleading statement at the earliest opportunity, and must not present evidence or submissions known to be false.

Duty of candour on ex parte applications: all material facts, including adverse authorities and facts unfavourable to the application, must be disclosed to the court.

A practitioner must not communicate with a judge or judicial officer about a pending matter outside the proper conduct of the case (no private or unilateral communication).

Submissions must be confined to the issues on the pleadings and evidence; counsel must not assert personal knowledge of disputed facts or give evidence from the bar table.

Where a client admits guilt but insists on pleading not guilty or giving false evidence, the practitioner may withdraw from the case (with leave) or continue in a limited role without adducing the false evidence, but must not disclose the confidential admission.

Duty to the court continues after proceedings end: a practitioner must not undermine the finality of a court's judgment or the integrity of the judicial process.

A practitioner must not be a party to any attempt to deceive the court, including drafting affidavits known to be false or allowing a witness to give evidence known to be untrue.

Competence requires the knowledge, skill and diligence reasonably expected of a practitioner undertaking the particular matter; if lacking, the practitioner must decline the retainer or obtain assistance.

Diligence requires timely performance: attending to correspondence, meeting limitation dates, and keeping the client informed of material developments in the matter.

Confidentiality attaches to all information received in the course of the retainer, whether or not it is privileged or in writing; it survives termination of the retainer.

Legal professional privilege protects confidential communications made for the dominant purpose of obtaining or giving legal advice or for use in existing or anticipated litigation; it belongs to the client.

Exceptions to confidentiality include client consent, statutory compulsion, the prevention of a serious criminal offence, and defending a claim by the client against the practitioner.

Loyalty requires the practitioner to act in the client's best interests, avoid conflicts, and not to profit from the retainer beyond disclosed remuneration.

A practitioner must follow the client's lawful instructions on the conduct of the matter, but is not obliged to act on instructions that are improper or would mislead the court.

The retainer defines the scope of duty; work outside the retainer is not owed as a duty unless a separate retainer is formed.

A conflict of interest arises when a practitioner's personal interest, or the interest of another client, may compromise the duty of loyalty to the client.

Current-client conflicts: a practitioner must not act for two clients whose interests are directly adverse in the same or a substantially related matter without informed consent from both.

Former-client conflicts: a practitioner must not act against a former client in a matter where the practitioner holds confidential information relevant to that matter, unless the former client gives informed consent.

Informed consent requires full disclosure of the conflict and its implications, and must be given freely by a client with capacity; consent by one client does not cure a conflict affecting another.

When a conflict arises mid-matter, the practitioner must cease acting, advise the clients to obtain independent advice, and take care not to prejudice either client.

Client information must be stored securely, accessed only by those who need it, and not disclosed to third parties without authority; cloud and electronic storage must meet equivalent security standards.

A practitioner must not use confidential information of one client to the advantage of another client or of the practitioner.

Chinese walls (information barriers) may mitigate but do not automatically cure a conflict; the test is whether there is a real risk of misuse of confidential information.

Advocacy must be firm but fair: a practitioner may advance the client's case vigorously but must not misstate facts, law, or the evidence.

A practitioner must not communicate directly with a party known to be represented by another practitioner about the subject of the representation, absent that practitioner's consent.

Communications with unrepresented parties must be courteous, must not take unfair advantage, and must not give legal advice to the opposing party.

A practitioner must not knowingly make a false statement of fact or law to another party or to that party's practitioner, and must correct an error previously made.

A practitioner must not use threats of criminal proceedings or disciplinary complaints to obtain a civil advantage.

A practitioner must not attribute impropriety to another person unless it is relevant and supported by evidence; allegations of fraud or misconduct must be clearly pleaded and proved.

A practitioner must not offer or give a benefit to a witness that is contingent on the content of the evidence.

A practitioner must not communicate with a witness in a way that suggests the evidence the witness should give.

A costs agreement must be in writing, disclose the basis of charging, and comply with the applicable legal profession legislation; failure to comply can render the agreement unenforceable.

A practitioner must not charge fees that are grossly excessive or unreasonable in the circumstances; fee estimates should be given and updated as the matter progresses.

Trust money is money held for or on behalf of a client in connection with legal services; it must be deposited into a general trust account and must not be mixed with the practitioner's own money.

Trust money must be accounted for promptly, with proper records, receipts, and reconciliation; withdrawals must be authorised and supported by appropriate documentation.

A practitioner must not use trust money for the practitioner's own purposes or borrow from a trust account; misappropriation is a serious disciplinary and criminal offence.

A practitioner must not act for a client where the practitioner has a financial interest adverse to the client's, absent full disclosure and informed consent.

A practitioner must not enter into a business transaction with a client unless the transaction is fair, fully disclosed, and the client has independent advice.

A practitioner must not charge interest on unpaid fees or recover costs in a manner inconsistent with the costs disclosure obligations.

The regulatory framework is established by the Legal Profession Act and the Legal Profession Regulation in Queensland, together with the Australian Solicitors' Conduct Rules and the Barristers' Conduct Rules.

A practitioner must report to the relevant professional body any serious misconduct of which the practitioner becomes aware, including conduct that may constitute a criminal offence.

A practitioner must cooperate fully with any investigation or disciplinary proceeding, including providing documents and information requested by the regulator.

Disciplinary sanctions range from cautions and fines to conditions on practice, suspension, and removal from the roll; the seriousness of the conduct and any prior history are relevant.

A practitioner must not engage in conduct that is dishonest, fraudulent, or likely to bring the profession into disrepute, whether or not it occurs in the course of practice.

A practitioner must maintain professional indemnity insurance and comply with continuing professional development requirements.

A practitioner must not practise while suspended or while holding out as entitled to practise when not so entitled.

A practitioner must not disclose information about a complaint or investigation except as required for the proper conduct of the matter.

A principal is responsible for the supervision of employed practitioners, ensuring that work is performed competently and in accordance with ethical obligations.

A supervisor must ensure that a junior practitioner has the necessary knowledge and experience before undertaking a matter, and must review work product before it is delivered to the client or the court.

A practitioner must not accept instructions in a matter outside their competence without appropriate supervision or referral.

Ethical decision-making frameworks typically ask: what are the facts, what are the duties owed, to whom, and which duty prevails in case of conflict.

A practitioner should keep a contemporaneous written record of significant decisions, advice given, and instructions received, to support later accountability.

A practitioner must manage files to avoid conflicts, maintain confidentiality, and ensure that deadlines and limitation periods are diarised and monitored.

A practitioner must have in place policies for the handling of client money, conflicts, confidentiality, and complaints, and must ensure staff are trained in them.

When facing an ethical dilemma, a practitioner may seek advice from a senior colleague, the professional body, or a professional indemnity insurer, while preserving confidentiality.

A practitioner must not mislead the court by silence where a duty of disclosure applies, such as on an ex parte application or when aware of a relevant authority contrary to the client's case.

A practitioner must not submit that a witness is untruthful without a proper basis in the evidence.

A practitioner must not tamper with evidence, coach a witness to give false evidence, or conceal documents that are subject to disclosure obligations.

A practitioner must not seek to influence a judicial officer improperly, including by gifts, hospitality, or private communication.

A practitioner must not act as both advocate and witness in the same matter except in limited circumstances permitted by the rules.

A practitioner must respect the court's processes, including procedural directions, and must not engage in conduct that unnecessarily prolongs proceedings.

A practitioner must not make allegations of fraud or criminal conduct unless there is a proper evidentiary basis and the allegation is relevant to the issues.

A practitioner must not use the court process for an improper purpose, such as to oppress an opponent or to obtain a collateral advantage.

A practitioner must act in the client's best interests, which includes advising the client of available options and the risks of each, even where the client's preferred option is not the practitioner's recommendation.

A practitioner must not act where the practitioner's own interest conflicts with the client's, unless full disclosure is made and informed consent obtained.

A practitioner must maintain confidentiality of client information and must not disclose it to third parties without authority, including to family members or other clients.

A practitioner must keep the client informed of the progress of the matter and of any significant developments, and must respond to client communications within a reasonable time.

A practitioner must not charge for work not done or for work done negligently; fees must reflect the value of the services provided.

A practitioner must not terminate a retainer without reasonable notice and without taking steps to protect the client's interests, such as allowing time to obtain new representation.

A practitioner must not act for a client where the practitioner lacks the competence to do so, and must refer the matter to a practitioner with the necessary expertise.

A practitioner must hold client information securely and must ensure that staff and agents are bound by equivalent confidentiality obligations.

A conflict of interest may be actual, potential, or perceived; the test is whether a fair-minded and informed observer would reasonably perceive a risk that the practitioner's duty of loyalty is compromised.

A practitioner must not act for a client whose interests are adverse to those of another client of the same firm in a matter that is the same or substantially related, absent informed consent from both.

A practitioner must not act against a former client in a matter where the practitioner holds confidential information that could be used against the former client, absent informed consent.

A practitioner must not use confidential information of a former client to the advantage of a current client or of the practitioner.

A practitioner must not accept a retainer where the practitioner's personal interest, such as a financial interest in the outcome, conflicts with the client's interest, absent full disclosure and informed consent.

A practitioner must not act for both parties to a transaction without informed consent from both and without ensuring that each party receives independent advice.

A practitioner must not disclose client information to a third party, including a barrister or expert, without the client's authority, except as required for the proper conduct of the matter.

A practitioner must ensure that electronic communications and storage are secure and that access is restricted to those who need it.

A practitioner must not communicate with a party represented by another practitioner about the subject of the representation without that practitioner's consent.

A practitioner must not communicate with an unrepresented party in a way that takes unfair advantage of that party's lack of representation.

A practitioner must not make a false statement of fact or law to another party or to that party's practitioner, and must correct any error previously made.

A practitioner must not use threats of criminal proceedings or disciplinary complaints to obtain a civil advantage.

A practitioner must not attribute impropriety to another person unless it is relevant and supported by evidence.

A practitioner must not offer or give a benefit to a witness that is contingent on the content of the evidence.

A practitioner must not communicate with a witness in a way that suggests the evidence the witness should give.

A practitioner must be courteous and fair in all communications with other parties, their practitioners, and the court.

A costs agreement must be in writing, disclose the basis of charging, and comply with the applicable legal profession legislation; failure to comply can render the agreement unenforceable.

A practitioner must not charge fees that are grossly excessive or unreasonable in the circumstances; fee estimates should be given and updated as the matter progresses.

Trust money is money held for or on behalf of a client in connection with legal services; it must be deposited into a general trust account and must not be mixed with the practitioner's own money.

Trust money must be accounted for promptly, with proper records, receipts, and reconciliation; withdrawals must be authorised and supported by appropriate documentation.

A practitioner must not use trust money for the practitioner's own purposes or borrow from a trust account; misappropriation is a serious disciplinary and criminal offence.

A practitioner must not act for a client where the practitioner has a financial interest adverse to the client's, absent full disclosure and informed consent.

A practitioner must not enter into a business transaction with a client unless the transaction is fair, fully disclosed, and the client has independent advice.

A practitioner must not charge interest on unpaid fees or recover costs in a manner inconsistent with the costs disclosure obligations.

The regulatory framework is established by the Legal Profession Act and the Legal Profession Regulation in Queensland, together with the Australian Solicitors' Conduct Rules and the Barristers' Conduct Rules.

A practitioner must report to the relevant professional body any serious misconduct of which the practitioner becomes aware, including conduct that may constitute a criminal offence.

A practitioner must cooperate fully with any investigation or disciplinary proceeding, including providing documents and information requested by the regulator.

Disciplinary sanctions range from cautions and fines to conditions on practice, suspension, and removal from the roll; the seriousness of the conduct and any prior history are relevant.

A practitioner must not engage in conduct that is dishonest, fraudulent, or likely to bring the profession into disrepute, whether or not it occurs in the course of practice.

A practitioner must maintain professional indemnity insurance and comply with continuing professional development requirements.

A practitioner must not practise while suspended or while holding out as entitled to practise when not so entitled.

A practitioner must not disclose information about a complaint or investigation except as required for the proper conduct of the matter.

A principal is responsible for the supervision of employed practitioners, ensuring that work is performed competently and in accordance with ethical obligations.

A supervisor must ensure that a junior practitioner has the necessary knowledge and experience before undertaking a matter, and must review work product before it is delivered to the client or the court.

A practitioner must not accept instructions in a matter outside their competence without appropriate supervision or referral.

Ethical decision-making frameworks typically ask: what are the facts, what are the duties owed, to whom, and which duty prevails in case of conflict.

A practitioner should keep a contemporaneous written record of significant decisions, advice given, and instructions received, to support later accountability.

A practitioner must manage files to avoid conflicts, maintain confidentiality, and ensure that deadlines and limitation periods are diarised and monitored.

A practitioner must have in place policies for the handling of client money, conflicts, confidentiality, and complaints, and must ensure staff are trained in them.

When facing an ethical dilemma, a practitioner may seek advice from a senior colleague, the professional body, or a professional indemnity insurer, while preserving confidentiality.

A practitioner must not mislead the court by silence where a duty of disclosure applies, such as on an ex parte application or when aware of a relevant authority contrary to the client's case.

A practitioner must not submit that a witness is untruthful without a proper basis in the evidence.

A practitioner must not tamper with evidence, coach a witness to give false evidence, or conceal documents that are subject to disclosure obligations.

A practitioner must not seek to influence a judicial officer improperly, including by gifts, hospitality, or private communication.

A practitioner must not act as both advocate and witness in the same matter except in limited circumstances permitted by the rules.

A practitioner must respect the court's processes, including procedural directions, and must not engage in conduct that unnecessarily prolongs proceedings.

A practitioner must not make allegations of fraud or criminal conduct unless there is a proper evidentiary basis and the allegation is relevant to the issues.

A practitioner must not use the court process for an improper purpose, such as to oppress an opponent or to obtain a collateral advantage.

A practitioner must act in the client's best interests, which includes advising the client of available options and the risks of each, even where the client's preferred option is not the practitioner's recommendation.

A practitioner must not act where the practitioner's own interest conflicts with the client's, unless full disclosure is made and informed consent obtained.

A practitioner must maintain confidentiality of client information and must not disclose it to third parties without authority, including to family members or other clients.

A practitioner must keep the client informed of the progress of the matter and of any significant developments, and must respond to client communications within a reasonable time.

A practitioner must not charge for work not done or for work done negligently; fees must reflect the value of the services provided.

A practitioner must not terminate a retainer without reasonable notice and without taking steps to protect the client's interests, such as allowing time to obtain new representation.

A practitioner must not act for a client where the practitioner lacks the competence to do so, and must refer the matter to a practitioner with the necessary expertise.

A practitioner must hold client information securely and must ensure that staff and agents are bound by equivalent confidentiality obligations.

A conflict of interest may be actual, potential, or perceived; the test is whether a fair-minded and informed observer would reasonably perceive a risk that the practitioner's duty of loyalty is compromised.

A practitioner must not act for a client whose interests are adverse to those of another client of the same firm in a matter that is the same or substantially related, absent informed consent from both.

A practitioner must not act against a former client in a matter where the practitioner holds confidential information that could be used against the former client, absent informed consent.

A practitioner must not use confidential information of a former client to the advantage of a current client or of the practitioner.

A practitioner must not accept a retainer where the practitioner's personal interest, such as a financial interest in the outcome, conflicts with the client's interest, absent full disclosure and informed consent.

A practitioner must not act for both parties to a transaction without informed consent from both and without ensuring that each party receives independent advice.

A practitioner must not disclose client information to a third party, including a barrister or expert, without the client's authority, except as required for the proper conduct of the matter.

A practitioner must ensure that electronic communications and storage are secure and that access is restricted to those who need it.

A practitioner must not communicate with a party represented by another practitioner about the subject of the representation without that practitioner's consent.

A practitioner must not communicate with an unrepresented party in a way that takes unfair advantage of that party's lack of representation.

A practitioner must not make a false statement of fact or law to another party or to that party's practitioner, and must correct any error previously made.

A practitioner must not use threats of criminal proceedings or disciplinary complaints to obtain a civil advantage.

A practitioner must not attribute impropriety to another person unless it is relevant and supported by evidence.

A practitioner must not offer or give a benefit to a witness that is contingent on the content of the evidence.

A practitioner must not communicate with a witness in a way that suggests the evidence the witness should give.

A practitioner must be courteous and fair in all communications with other parties, their practitioners, and the court.

A costs agreement must be in writing, disclose the basis of charging, and comply with the applicable legal profession legislation; failure to comply can render the agreement unenforceable.

A practitioner must not charge fees that are grossly excessive or unreasonable in the circumstances; fee estimates should be given and updated as the matter progresses.

Trust money is money held for or on behalf of a client in connection with legal services; it must be deposited into a general trust account and must not be mixed with the practitioner's own money.

Trust money must be accounted for promptly, with proper records, receipts, and reconciliation; withdrawals must be authorised and supported by appropriate documentation.

A practitioner must not use trust money for the practitioner's own purposes or borrow from a trust account; misappropriation is a serious disciplinary and criminal offence.

A practitioner must not act for a client where the practitioner has a financial interest adverse to the client's, absent full disclosure and informed consent.

A practitioner must not enter into a business transaction with a client unless the transaction is fair, fully disclosed, and the client has independent advice.

A practitioner must not charge interest on unpaid fees or recover costs in a manner inconsistent with the costs disclosure obligations.

The regulatory framework is established by the Legal Profession Act and the Legal Profession Regulation in Queensland, together with the Australian Solicitors' Conduct Rules and the Barristers' Conduct Rules.

A practitioner must report to the relevant professional body any serious misconduct of which the practitioner becomes aware, including conduct that may constitute a criminal offence.

A practitioner must cooperate fully with any investigation or disciplinary proceeding, including providing documents and information requested by the regulator.

Disciplinary sanctions range from cautions and fines to conditions on practice, suspension, and removal from the roll; the seriousness of the conduct and any prior history are relevant.

A practitioner must not engage in conduct that is dishonest, fraudulent, or likely to bring the profession into disrepute, whether or not it occurs in the course of practice.

A practitioner must maintain professional indemnity insurance and comply with continuing professional development requirements.

A practitioner must not practise while suspended or while holding out as entitled to practise when not so entitled.

A practitioner must not disclose information about a complaint or investigation except as required for the proper conduct of the matter.

A principal is responsible for the supervision of employed practitioners, ensuring that work is performed competently and in accordance with ethical obligations.

A supervisor must ensure that a junior practitioner has the necessary knowledge and experience before undertaking a matter, and must review work product before it is delivered to the client or the court.

A practitioner must not accept instructions in a matter outside their competence without appropriate supervision or referral.

Ethical decision-making frameworks typically ask: what are the facts, what are the duties owed, to whom, and which duty prevails in case of conflict.

A practitioner should keep a contemporaneous written record of significant decisions, advice given, and instructions received, to support later accountability.

A practitioner must manage files to avoid conflicts, maintain confidentiality, and ensure that deadlines and limitation periods are diarised and monitored.

A practitioner must have in place policies for the handling of client money, conflicts, confidentiality, and complaints, and must ensure staff are trained in them.

When facing an ethical dilemma, a practitioner may seek advice from a senior colleague, the professional body, or a professional indemnity insurer, while preserving confidentiality.

A practitioner must not mislead the court by silence where a duty of disclosure applies, such as on an ex parte application or when aware of a relevant authority contrary to the client's case.

A practitioner must not submit that a witness is untruthful without a proper basis in the evidence.

A practitioner must not tamper with evidence, coach a witness to give false evidence, or conceal documents that are subject to disclosure obligations.

A practitioner must not seek to influence a judicial officer improperly, including by gifts, hospitality, or private communication.

A practitioner must not act as both advocate and witness in the same matter except in limited circumstances permitted by the rules.

A practitioner must respect the court's processes, including procedural directions, and must not engage in conduct that unnecessarily prolongs proceedings.

A practitioner must not make allegations of fraud or criminal conduct unless there is a proper evidentiary basis and the allegation is relevant to the issues.

A practitioner must not use the court process for an improper purpose, such as to oppress an opponent or to obtain a collateral advantage.

A practitioner must act in the client's best interests, which includes advising the client of available options and the risks of each, even where the client's preferred option is not the practitioner's recommendation.

A practitioner must not act where the practitioner's own interest conflicts with the client's, unless full disclosure is made and informed consent obtained.

A practitioner must maintain confidentiality of client information and must not disclose it to third parties without authority, including to family members or other clients.

A practitioner must keep the client informed of the progress of the matter and of any significant developments, and must respond to client communications within a reasonable time.

A practitioner must not charge for work not done or for work done negligently; fees must reflect the value of the services provided.

A practitioner must not terminate a retainer without reasonable notice and without taking steps to protect the client's interests, such as allowing time to obtain new representation.

A practitioner must not act for a client where the practitioner lacks the competence to do so, and must refer the matter to a practitioner with the necessary expertise.

A practitioner must hold client information securely and must ensure that staff and agents are bound by equivalent confidentiality obligations.

A conflict of interest may be actual, potential, or perceived; the test is whether a fair-minded and informed observer would reasonably perceive a risk that the practitioner's duty of loyalty is compromised.

A practitioner must not act for a client whose interests are adverse to those of another client of the same firm in a matter that is the same or substantially related, absent informed consent from both.

A practitioner must not act against a former client in a matter where the practitioner holds confidential information that could be used against the former client, absent informed consent.

A practitioner must not use confidential information of a former client to the advantage of a current client or of the practitioner.

A practitioner must not accept a retainer where the practitioner's personal interest, such as a financial interest in the outcome, conflicts with the client's interest, absent full disclosure and informed consent.

A practitioner must not act for both parties to a transaction without informed consent from both and without ensuring that each party receives independent advice.

A practitioner must not disclose client information to a third party, including a barrister or expert, without the client's authority, except as required for the proper conduct of the matter.

A practitioner must ensure that electronic communications and storage are secure and that access is restricted to those who need it.

A practitioner must not communicate with a party represented by another practitioner about the subject of the representation without that practitioner's consent.

A practitioner must not communicate with an unrepresented party in a way that takes unfair advantage of that party's lack of representation.

A practitioner must not make a false statement of fact or law to another party or to that party's practitioner, and must correct any error previously made.

A practitioner must not use threats of criminal proceedings or disciplinary complaints to obtain a civil advantage.

A practitioner must not attribute impropriety to another person unless it is relevant and supported by evidence.

A practitioner must not offer or give a benefit to a witness that is contingent on the content of the evidence.

A practitioner must not communicate with a witness in a way that suggests the evidence the witness should give.

A practitioner must be courteous and fair in all communications with other parties, their practitioners, and the court.

A costs agreement must be in writing, disclose the basis of charging, and comply with the applicable legal profession legislation; failure to comply can render the agreement unenforceable.

A practitioner must not charge fees that are grossly excessive or unreasonable in the circumstances; fee estimates should be given and updated as the matter progresses.

Trust money is money held for or on behalf of a client in connection with legal services; it must be deposited into a general trust account and must not be mixed with the practitioner's own money.

Trust money must be accounted for promptly, with proper records, receipts, and reconciliation; withdrawals must be authorised and supported by appropriate documentation.

A practitioner must not use trust money for the practitioner's own purposes or borrow from a trust account; misappropriation is a serious disciplinary and criminal offence.

A practitioner must not act for a client where the practitioner has a financial interest adverse to the client's, absent full disclosure and informed consent.

A practitioner must not enter into a business transaction with a client unless the transaction is fair, fully disclosed, and the client has independent advice.

A practitioner must not charge interest on unpaid fees or recover costs in a manner inconsistent with the costs disclosure obligations.

The regulatory framework is established by the Legal Profession Act and the Legal Profession Regulation in Queensland, together with the Australian Solicitors' Conduct Rules and the Barristers' Conduct Rules.

A practitioner must report to the relevant professional body any serious misconduct of which the practitioner becomes aware, including conduct that may constitute a criminal offence.

A practitioner must cooperate fully with any investigation or disciplinary proceeding, including providing documents and information requested by the regulator.

Disciplinary sanctions range from cautions and fines to conditions on practice, suspension, and removal from the roll; the seriousness of the conduct and any prior history are relevant.

A practitioner must not engage in conduct that is dishonest, fraudulent, or likely to bring the profession into disrepute, whether or not it occurs in the course of practice.

A practitioner must maintain professional indemnity insurance and comply with continuing professional development requirements.

A practitioner must not practise while suspended or while holding out as entitled to practise when not so entitled.

A practitioner must not disclose information about a complaint or investigation except as required for the proper conduct of the matter.

A principal is responsible for the supervision of employed practitioners, ensuring that work is performed competently and in accordance with ethical obligations.

A supervisor must ensure that a junior practitioner has the necessary knowledge and experience before undertaking a matter, and must review work product before it is delivered to the client or the court.

A practitioner must not accept instructions in a matter outside their competence without appropriate supervision or referral.

Ethical decision-making frameworks typically ask: what are the facts, what are the duties owed, to whom, and which duty prevails in case of conflict.

A practitioner should keep a contemporaneous written record of significant decisions, advice given, and instructions received, to support later accountability.

A practitioner must manage files to avoid conflicts, maintain confidentiality, and ensure that deadlines and limitation periods are diarised and monitored.

A practitioner must have in place policies for the handling of client money, conflicts, confidentiality, and complaints, and must ensure staff are trained in them.

When facing an ethical dilemma, a practitioner may seek advice from a senior colleague, the professional body, or a professional indemnity insurer, while preserving confidentiality.

A practitioner must not mislead the court by silence where a duty of disclosure applies, such as on an ex parte application or when aware of a relevant authority contrary to the client's case.

A practitioner must not submit that a witness is untruthful without a proper basis in the evidence.

A practitioner must not tamper with evidence, coach a witness to give false evidence, or conceal documents that are subject to disclosure obligations.

A practitioner must not seek to influence a judicial officer improperly, including by gifts, hospitality, or private communication.

A practitioner must not act as both advocate and witness in the same matter except in limited circumstances permitted by the rules.

A practitioner must respect the court's processes, including procedural directions, and must not engage in conduct that unnecessarily prolongs proceedings.

A practitioner must not make allegations of fraud or criminal conduct unless there is a proper evidentiary basis and the allegation is relevant to the issues.

A practitioner must not use the court process for an improper purpose, such as to oppress an opponent or to obtain a collateral advantage.

A practitioner must act in the client's best interests, which includes advising the client of available options and the risks of each, even where the client's preferred option is not the practitioner's recommendation.

A practitioner must not act where the practitioner's own interest conflicts with the client's, unless full disclosure is made and informed consent obtained.

A practitioner must maintain confidentiality of client information and must not disclose it to third parties without authority, including to family members or other clients.

A practitioner must keep the client informed of the progress of the matter and of any significant developments, and must respond to client communications within a reasonable time.

A practitioner must not charge for work not done or for work done negligently; fees must reflect the value of the services provided.

A practitioner must not terminate a retainer without reasonable notice and without taking steps to protect the client's interests, such as allowing time to obtain new representation.

A practitioner must not act for a client where the practitioner lacks the competence to do so, and must refer the matter to a practitioner with the necessary expertise.

A practitioner must hold client information securely and must ensure that staff and agents are bound by equivalent confidentiality obligations.

A conflict of interest may be actual, potential, or perceived; the test is whether a fair-minded and informed observer would reasonably perceive a risk that the practitioner's duty of loyalty is compromised.

A practitioner must not act for a client whose interests are adverse to those of another client of the same firm in a matter that is the same or substantially related, absent informed consent from both.

A practitioner must not act against a former client in a matter where the practitioner holds confidential information that could be used against the former client, absent informed consent.

A practitioner must not use confidential information of a former client to the advantage of a current client or of the practitioner.

A practitioner must not accept a retainer where the practitioner's personal interest, such as a financial interest in the outcome, conflicts with the client's interest, absent full disclosure and informed consent.

A practitioner must not act for both parties to a transaction without informed consent from both and without ensuring that each party receives independent advice.

A practitioner must not disclose client information to a third party, including a barrister or expert, without the client's authority, except as required for the proper conduct of the matter.

A practitioner must ensure that electronic communications and storage are secure and that access is restricted to those who need it.

A practitioner must not communicate with a party represented by another practitioner about the subject of the representation without that practitioner's consent.

A practitioner must not communicate with an unrepresented party in a way that takes unfair advantage of that party's lack of representation.

A practitioner must not make a false statement of fact or law to another party or to that party's practitioner, and must correct any error previously made.

A practitioner must not use threats of criminal proceedings or disciplinary complaints to obtain a civil advantage.

A practitioner must not attribute impropriety to another person unless it is relevant and supported by evidence.

A practitioner must not offer or give a benefit to a witness that is contingent on the content of the evidence.

A practitioner must not communicate with a witness in a way that suggests the evidence the witness should give.

A practitioner must be courteous and fair in all communications with other parties, their practitioners, and the court.