Queensland Bar Exam (Ethics) key terms

The principle that a solicitor's paramount obligation is to the court and the administration of justice, so that it prevails over client instructions, personal interest or the wishes of an employer.

The obligation to disclose relevant authorities and legal developments, including adverse ones, and to correct any error or misleading statement previously made to the court, promptly and fully.

Knowingly or recklessly making a false or incomplete statement or allowing one to stand, whether by words, silence, documents or conduct, in proceedings before a judicial officer.

Using court procedures for an improper purpose, such as to harass, delay or obtain a collateral advantage, rather than to genuinely resolve a justiciable dispute.

Conduct that disrupts or disobeys the court, such as breaching orders, refusing to comply with directions, or publishing material tending to prejudice pending proceedings.

The knowledge, skill and diligence reasonably expected of a solicitor for the work undertaken, including recognising the limits of one's expertise and seeking assistance when needed.

The steady, timely and attentive pursuit of a client's matter, including meeting deadlines, responding to communications and progressing work without unreasonable delay.

The agreed boundaries of the work a solicitor will perform for a client, which should be recorded clearly so both parties understand what is and is not included.

The agreement, whether written or oral, under which a solicitor is engaged to act for a client, defining the work, the basis of charging and the parties to the relationship.

A situation where a solicitor's own interests, or the interests of another client or former client, may compromise the loyal and independent discharge of duties owed to a client.

A client's agreement given after full and frank disclosure of all material facts and risks, including the nature of a conflict and its possible consequences for the client.

The documented agreement of an affected client, or former client, permitting a solicitor to act despite a conflict, given after adequate disclosure and with independent understanding of the implications.

The duty not to reveal information obtained in the course of the professional relationship, owed to current and former clients and continuing after the retainer ends.

A client's right to withhold from disclosure confidential communications made for the dominant purpose of obtaining or giving legal advice, or for use in anticipated litigation.

Files, papers and property belonging to the client, as distinct from the solicitor's own work product, which must be kept safely and delivered up on request.

The long-recognised protection of advocates from civil suit for in-court work connected with the conduct of a case, reflecting the advocate's duty to the court.

Assertions of fact or misconduct made in proceedings without a proper factual foundation, which may improperly damage reputation and breach duties of fairness to other parties.

Dealings with an opposing party or their representative, which must be honest, courteous and must not mislead, and generally should not bypass a represented party's lawyer.

The written estimate of likely legal costs, and the basis on which they are charged, that must be given to a client at the outset and updated as the matter progresses.

A written agreement between solicitor and client about how legal costs will be calculated and paid, which must comply with the applicable regulatory requirements to be enforceable.

An arrangement where payment of some or all fees depends on the outcome of the matter, permitted only within statutory limits and requiring clear written disclosure.

Money held by a law practice on behalf of a client in connection with legal services, which must be deposited into a designated trust account and dealt with strictly under regulation.

The regulated bank account, separate from the practice's general account, into which trust money is paid and from which withdrawals require proper authority.

The periodic independent examination of a law practice's trust records and accounts, required by regulation, to verify compliance and detect misappropriation or error.

A solicitor's right to retain client documents or property until outstanding properly incurred costs are paid, subject to limits and to the court's supervision.

Conduct in connection with practice that falls short of the standard expected to a substantial degree, or is otherwise so serious as to warrant significant disciplinary sanction.

Conduct in connection with practice that falls below the standard of competence and diligence a member of the public is entitled to expect of a reasonably competent solicitor.

A specified serious event, such as bankruptcy or a relevant criminal conviction, that a solicitor must notify to the regulator and which may affect fitness to practise.

The personal and professional suitability of a solicitor to remain on the roll, assessed by reference to honesty, health and conduct affecting the public's trust in the profession.

The obligation of a solicitor or employer to report certain serious conduct, such as trust account irregularities or sexual misconduct, to the relevant regulatory authority.

A personal promise, given in the course of practice, that the solicitor is bound to honour and that may be enforced by the court, so it must be given only with care.

The oversight a principal or supervising solicitor must exercise over staff and junior lawyers to ensure competent, ethical and compliant delivery of legal services.

The allocation of tasks to non-lawyers, which is permissible only where the work is adequately supervised and does not require the exercise of a solicitor's reserved judgment.

A structured approach to resolving professional dilemmas by identifying duties, stakeholders, applicable rules and the course most consistent with integrity and the public interest.

The systems and controls a law practice uses to manage files, risk, finances and staff so that legal services are delivered competently and in compliance with regulation.