I85PREP
⌘ K
Queensland Bar Exam (Ethics) study materials
Queensland Bar Exam (Ethics) study resources

Queensland Bar Exam (Ethics) practice questions

One question at a time. Build your Queensland Bar Exam (Ethics) understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Duties to the Court and the Administration of Justice

A barrister discovers that a client has given evidence she knows to be false. The client refuses to correct it. What is the barrister's primary duty?

  1. Report the client to the police before taking any other step
  2. Continue acting but avoid repeating the false evidence in the closing address
  3. Do nothing, because the duty of confidentiality overrides all other obligations
  4. Withdraw from the case and inform the court of the falsehood if the client will not correct it Correct answer.

Explanation

A lawyer must not knowingly mislead the court and cannot continue to act on instructions that require presenting or maintaining false evidence. If the client refuses to correct false testimony, the lawyer must cease to act and, where necessary, disclose the situation to the court. Confidentiality yields to the paramount duty to the court and the administration of justice.

Question 2Duties to the Court and the Administration of Justice

Which statement best describes a lawyer's duty to the court compared with duties to the client?

  1. The duty to the court is paramount and prevails over client instructions Correct answer.
  2. Duty to the court applies only in criminal matters
  3. Client instructions always take priority because of the retainer
  4. The two duties are equal and resolved by the client's preference

Explanation

The duty to the court and the administration of justice is the lawyer's paramount duty and overrides conflicting client instructions. The retainer creates obligations to the client, but these cannot require conduct that misleads or abuses the court. This hierarchy applies across criminal and civil work alike.

Question 3Duties to the Court and the Administration of Justice

A solicitor is asked by a client to draft an affidavit the solicitor knows contains a deliberately false statement of fact. What should the solicitor do?

  1. File it and rely on the opponent to challenge the evidence
  2. Draft it but add a covering note to the court expressing doubt
  3. Draft it as instructed because the client bears responsibility for its contents
  4. Refuse to draft or file the false statement and advise the client of the consequences Correct answer.

Explanation

A lawyer must not knowingly present false material to the court or assist in its creation. The solicitor should decline to prepare or file the false statement and explain the client's obligations to be truthful. Continuing would breach the duty not to mislead the court.

Question 4Duties to the Court and the Administration of Justice

In an ex parte application, what is the applicant lawyer's duty regarding disclosure?

  1. Disclose nothing beyond what is in the filed documents
  2. Disclose adverse matters only if the court asks
  3. Disclose only the matters that support the application
  4. Disclose all relevant matters, including those adverse to the application Correct answer.

Explanation

Because the opposing party is absent, the applicant bears a heightened duty of full and frank disclosure. All material facts, including those unfavourable to the application, must be disclosed. Failure to do so can result in the order being set aside and may constitute professional misconduct.

Question 5Duties to the Court and the Administration of Justice

A barrister is offered a brief in a matter where the barrister previously advised the opposing party and holds confidential information from that retainer. What is the appropriate course?

  1. Accept the brief because barristers are exempt from conflict rules
  2. Accept the brief and simply avoid using the confidential information
  3. Decline the brief because of the conflict and risk of misuse of confidential information Correct answer.
  4. Accept the brief if the former client consents to the barrister acting

Explanation

A lawyer must not act where a conflict of interest creates a real risk of misuse of confidential information obtained from a former client. The prudent and ethical course is to decline the brief. Consent of one party does not necessarily resolve the risk where the former client's information could be used.

Question 6Duties to the Court and the Administration of Justice

A lawyer is asked to appear before a tribunal where the lawyer's spouse is the presiding member. What is the correct approach?

  1. Proceed without disclosure since family matters are private
  2. Proceed because the spouse will recuse themselves if necessary
  3. Decline the matter because of the apparent conflict and risk to impartiality Correct answer.
  4. Proceed but disclose the relationship only after the hearing

Explanation

A lawyer must avoid situations that create a reasonable apprehension of bias or a conflict of interest. Where a close relative presides, the lawyer should decline the matter. Disclosure after the fact does not cure the risk to the administration of justice.

Question 7Duties to the Court and the Administration of Justice

A client asks a lawyer to make a submission to the court that the lawyer believes is legally unsupported and misleading. What should the lawyer do?

  1. Make the submission and disclaim responsibility in open court
  2. Make the submission exactly as instructed to protect the client
  3. Make the submission but speak quietly to reduce emphasis
  4. Decline to make the misleading submission and advise the client of proper arguments Correct answer.

Explanation

A lawyer must not advance submissions that are knowingly misleading or without legal foundation. The lawyer should decline and counsel the client on legitimate arguments. The duty to the court prevents blind adherence to instructions that would mislead.

Question 8Duties to the Court and the Administration of Justice

Which of the following is a core obligation flowing from a lawyer's duty to the administration of justice?

  1. Ensuring the client wins regardless of the merits
  2. Suppressing evidence helpful to the other side
  3. Assisting the court to arrive at a just and lawful outcome Correct answer.
  4. Delaying proceedings to gain tactical advantage

Explanation

The duty to the administration of justice requires lawyers to assist the court in reaching a just and lawful result. Tactical delay and suppression of relevant evidence undermine that goal. Zealous advocacy must operate within lawful and ethical limits.

Question 9Duties to the Court and the Administration of Justice

A solicitor learns that a witness scheduled to testify has been intimidated by the solicitor's own client. What must the solicitor do?

  1. Destroy any notes recording the client's admission
  2. Continue as normal and rely on cross-examination to reveal the truth
  3. Advise the client to stop and, if necessary, withdraw and inform the court Correct answer.
  4. Ignore the conduct because the client acted independently

Explanation

A lawyer must not be party to conduct that interferes with the administration of justice, including witness intimidation. The solicitor should counsel the client to cease and, if the conduct continues, withdraw and disclose to the court. Destroying notes would compound the misconduct.

Question 10Duties to the Court and the Administration of Justice

A barrister is instructed to cross-examine a witness on a prior conviction that is legally inadmissible. What is the proper response?

  1. Put the question only if the judge is looking away
  2. Put the question but withdraw it if objected to
  3. Put the question because the client instructed it
  4. Refuse to put the inadmissible material to the witness Correct answer.

Explanation

A lawyer must not ask questions or adduce evidence that the lawyer knows is inadmissible, as this misleads the court and prejudices the trial. Client instructions do not justify improper questioning. The barrister should decline and explain the ruling to the client.

Question 11Duties to the Court and the Administration of Justice

A lawyer discovers, after filing, that a document relied on in submissions was forged by the client. What is the lawyer's duty?

  1. Quietly remove the document from the file without telling anyone
  2. Promptly inform the court and take steps to correct the record Correct answer.
  3. Wait to see whether the other side notices the forgery
  4. Say nothing because the forgery was the client's act

Explanation

A lawyer who learns that the court has been misled must take prompt steps to correct the record. The lawyer cannot remain silent about false material even if the client caused it. Correcting the record upholds the duty of candour and the administration of justice.

Question 12Duties to the Court and the Administration of Justice

A lawyer is asked by a client to communicate directly with a represented opposing party to extract concessions. What should the lawyer do?

  1. Proceed if the contact is brief and informal
  2. Proceed but record the conversation secretly
  3. Proceed because the client authorised direct contact
  4. Decline and communicate only with the opposing lawyer Correct answer.

Explanation

A lawyer must not communicate about a matter with a party the lawyer knows is legally represented, except through that party's lawyer or with the lawyer's consent. Direct contact can undermine the administration of justice and the opposing party's representation. The correct course is to deal with the opposing lawyer.

Question 13Duties to the Court and the Administration of Justice

During a hearing, a lawyer realises a previous statement to the court was based on an honest mistake of fact. What is the appropriate response?

  1. Leave the error uncorrected because it was honest
  2. Ask the client to correct the error instead
  3. Correct the error as soon as practicable before the court Correct answer.
  4. Wait until judgment is delivered and then mention it

Explanation

The duty of candour requires a lawyer to correct an error that has misled the court, even where the error was honest and inadvertent. Correction should be prompt and made directly to the court. Leaving the court with a mistaken impression undermines the administration of justice.

Question 14Duties to the Court and the Administration of Justice

A barrister is offered a brief to prosecute a matter in which the barrister's close friend is the accused. What is the proper approach?

  1. Accept the brief because prosecution work is a public duty
  2. Decline the brief because of the personal conflict Correct answer.
  3. Accept the brief and disclose the friendship only at sentencing
  4. Accept the brief if the friend agrees not to mention the friendship

Explanation

A lawyer must not act where a personal relationship creates a conflict of interest or an apprehension of bias. Prosecuting a close friend compromises independence and public confidence in the process. The brief should be declined and, if appropriate, returned to the instructing solicitor.

Question 15Duties to the Court and the Administration of Justice

A solicitor is asked to prepare a witness statement for a client that omits facts unfavourable to the client's case. What is the solicitor's obligation?

  1. Ensure the statement is truthful and does not omit material facts so as to mislead Correct answer.
  2. Include adverse facts only if the other side already knows them
  3. Prepare the statement as dictated without any independent judgment
  4. Omit adverse facts because advocacy requires a favourable presentation

Explanation

A lawyer preparing evidence must ensure it is accurate and not misleading, including by omission of material facts. Shaping a statement to conceal adverse matters can mislead the court. The lawyer should advise the client on the importance of full and truthful disclosure.

Question 16Duties to the Court and the Administration of Justice

A lawyer is instructed to make an application that the lawyer knows is brought for the sole purpose of exhausting the opponent's resources. What should the lawyer do?

  1. Bring the application because the client is paying for it
  2. Bring the application and seek an adjournment to prolong it
  3. Decline to bring the application because it is an abuse of process Correct answer.
  4. Bring the application but tell the court it is tactical

Explanation

A lawyer must not use court processes for an improper purpose such as oppressing the opponent or abusing process. Knowingly bringing a purely tactical application undermines the administration of justice. The lawyer should decline and advise the client of the impropriety.

Question 17Duties to the Court and the Administration of Justice

A barrister receives instructions that are insufficient to support a positive assertion the client wants made in court. What is the proper course?

  1. Make the assertion and blame the instructing solicitor if challenged
  2. Refuse to make the assertion without a proper factual foundation Correct answer.
  3. Make the assertion and hope the evidence emerges later
  4. Make the assertion but phrase it as opinion

Explanation

A lawyer must have a proper factual foundation before asserting matters to the court and must not make unsupported allegations. Advancing assertions without basis can mislead the court and unfairly damage the other party. The barrister should seek adequate instructions or decline to make the assertion.

Question 18Duties to the Court and the Administration of Justice

A lawyer becomes aware that a colleague in the same firm has been persistently late filing documents, causing prejudice to clients. What is the lawyer's professional responsibility?

  1. Cover up the delays by backdating documents
  2. Ignore it because it is the colleague's personal responsibility
  3. Take reasonable steps to address the conduct through the firm's supervision and reporting channels Correct answer.
  4. Discuss it only with the affected clients and no one else

Explanation

Lawyers share responsibility for maintaining proper standards and supervision within their practice. Persistent failures that prejudice clients should be addressed through appropriate supervisory and reporting channels. Backdating documents would itself be dishonest and unlawful.

Question 19Duties to the Court and the Administration of Justice

A lawyer is asked to sign a certificate asserting that reasonable enquiries have been made when the lawyer has made none. What should the lawyer do?

  1. Refuse to sign until the enquiries are actually made Correct answer.
  2. Sign and note privately that no enquiries were made
  3. Sign but ask a junior lawyer to make enquiries later
  4. Sign because the client takes responsibility for the certificate

Explanation

A lawyer must not sign or certify statements the lawyer knows to be untrue or unsupported. Signing a false certificate misleads the court or regulator and breaches the duty of honesty. The lawyer should refuse until the required enquiries are genuinely undertaken.

Question 20Duties to the Court and the Administration of Justice

A prosecutor possesses evidence that tends to undermine the prosecution case. What is the prosecutor's duty?

  1. Disclose the material to the defence in accordance with disclosure obligations Correct answer.
  2. Disclose it only if the defence specifically requests it
  3. Destroy it if it is not going to be used in evidence
  4. Withhold it because the prosecutor's role is to secure convictions

Explanation

A prosecutor has a special duty to disclose material that may affect the case, including material favourable to the accused. The prosecutor's role is to assist in securing a just outcome, not merely a conviction. Withholding or destroying such material is a serious breach of duty.

Question 21Duties to the Court and the Administration of Justice

A lawyer is asked to act in a matter where the lawyer has a financial interest in the outcome of the litigation. What is the proper approach?

  1. Proceed if the client agrees to waive any objection
  2. Decline the matter because of the conflict between interest and duty Correct answer.
  3. Proceed but disclose the interest after the hearing
  4. Proceed because the interest is personal and unrelated to the client

Explanation

A lawyer must not act where a personal financial interest conflicts with the duty to the client and the court. Such an interest can compromise independent judgment and the integrity of the proceedings. The conflict should be avoided by declining the matter.

Question 22Duties to the Court and the Administration of Justice

A barrister is instructed to put to a witness an allegation of serious misconduct that the barrister knows is baseless. What is the correct course?

  1. Refuse to put the baseless allegation to the witness Correct answer.
  2. Put the allegation because cross-examination is a matter of tactics
  3. Put the allegation only if the client insists in writing
  4. Put the allegation but soften it with qualifying language

Explanation

A lawyer must not put allegations that are known to be baseless, as doing so misleads the court and unfairly attacks the witness. Tactical discretion does not extend to advancing known falsehoods. The barrister should refuse and explain the position to the client.

Question 23Duties to the Court and the Administration of Justice

A solicitor learns that a client intends to disobey a court order and flee the jurisdiction. What is the solicitor's duty?

  1. Say nothing because of confidentiality
  2. Help the client draft a false explanation for the absence
  3. Advise against the conduct and, where required, take steps to prevent the abuse of process Correct answer.
  4. Assist the client in leaving quickly to avoid the order

Explanation

A lawyer must not assist a client to frustrate a court order or abuse the process, and confidentiality does not extend to counselling or assisting unlawful conduct. The solicitor should advise against the plan and may need to take steps such as withdrawing. Assisting flight or a false explanation would be serious misconduct.

Question 24Duties to the Court and the Administration of Justice

A lawyer is offered a gift by a client that is clearly intended to influence how the lawyer presents the case to the court. What should the lawyer do?

  1. Accept the gift but keep it confidential from the firm
  2. Accept the gift because gifts from clients are always permissible
  3. Accept the gift and promise a favourable outcome
  4. Decline the gift because it creates a conflict and may compromise independence Correct answer.

Explanation

A lawyer must maintain independence and avoid arrangements that could compromise the duty to the client and the court. A gift intended to influence the presentation of a case creates an improper conflict. Accepting it risks the integrity of the proceedings and public confidence.

Question 25Duties to the Court and the Administration of Justice

A lawyer discovers that the instructing solicitor has concealed a relevant document from the court. What is the lawyer's duty?

  1. Take steps to ensure the document is disclosed and the court is not misled Correct answer.
  2. Use the document privately but keep it from the court
  3. Return the brief quietly without any disclosure
  4. Ignore it because the instructing solicitor is responsible for discovery

Explanation

A lawyer who becomes aware that relevant material has been withheld must act to prevent the court from being misled, regardless of who caused the concealment. Silence or silent withdrawal leaves the court with a false picture. The lawyer should ensure disclosure or take other appropriate corrective steps.

Question 26Duties to the Court and the Administration of Justice

A lawyer is asked to draft an affidavit for a client. The client wants to include a statement the lawyer knows to be false. What is the lawyer's proper course?

  1. Include the statement but warn the client of the risk of perjury.
  2. Include the statement and note the lawyer's doubts in a covering letter to the court.
  3. Refuse to include the false statement and advise the client that the affidavit must be truthful. Correct answer.
  4. Withdraw from the matter immediately without any further communication.

Explanation

A lawyer has a paramount duty to the court and must never knowingly present false evidence or allow a client to do so. The lawyer should decline to include the false statement and explain that sworn evidence must be honest. Withdrawal is not required where the client can be persuaded to proceed honestly.

Question 27Duties to the Court and the Administration of Justice

Which statement best describes a lawyer's duty of candour to the court?

  1. It applies only to statements made under oath.
  2. It is owed primarily to the client.
  3. It requires disclosure of every document the client possesses.
  4. It obliges the lawyer to correct any misleading statement made to the court. Correct answer.

Explanation

The duty of candour requires a lawyer not to mislead the court and to correct any misleading statement, including one made honestly, as soon as the error is appreciated. It is not confined to sworn evidence and is owed to the court, not primarily to the client.

Question 28Duties to the Court and the Administration of Justice

A lawyer knows that a client intends to give evidence that the lawyer believes is untrue. The client insists on testifying. What should the lawyer do?

  1. Refuse to continue acting and disclose the client's confidences to the court.
  2. Decline to call the client and inform the court of the client's intention.
  3. Call the client and examine in chief as instructed, without disclosing the concern to the court. Correct answer.
  4. Call the client but ask only closed questions to limit the damage.

Explanation

A lawyer may not knowingly present false evidence but also cannot disclose client confidences merely because the lawyer disbelieves the client. The proper course is to decline to adduce the evidence in the knowledge it is false, and if the client insists on giving evidence, to cease acting without informing the court of the reason.

Question 29Duties to the Court and the Administration of Justice

In an ex parte application, what is the lawyer's duty regarding facts unfavourable to the application?

  1. Present only facts that support the application.
  2. Disclose only facts the court specifically requests.
  3. Disclose unfavourable facts only if the opposing party has raised them.
  4. Disclose all material facts, including those unfavourable to the client. Correct answer.

Explanation

In ex parte proceedings the court has no contradictor, so the lawyer must make full and frank disclosure of all material facts, including those adverse to the application. Suppressing adverse material is a serious breach of the duty of candour.

Question 30Duties to the Court and the Administration of Justice

A lawyer is offered a brief to act in a matter that the lawyer believes is bound to fail and will waste the court's time. What is the correct approach?

  1. Act only if the client pays a higher fee.
  2. Refuse to act because the case is weak.
  3. Accept the brief and present the case aggressively regardless of merit.
  4. Assess whether the case has any proper basis before accepting the brief. Correct answer.

Explanation

A lawyer should not lend assistance to proceedings that are clearly without merit or brought for an improper purpose. The lawyer must assess whether there is a proper basis for the claim before accepting instructions. A weak but arguable case may still be pursued.

Question 31Duties to the Court and the Administration of Justice

A lawyer learns that a former client's confidences could help a new client defeat the former client in related litigation. What is the governing principle?

  1. The lawyer may use the information because the former client no longer retains the lawyer.
  2. The lawyer may use the information only if the former client consents after the fact.
  3. The lawyer may use the information if the new client pays for the research.
  4. The lawyer must not use confidential information against a former client. Correct answer.

Explanation

Confidentiality survives the end of a retainer, and a lawyer must not use information obtained from a former client to that client's disadvantage. This protects the trust on which the legal relationship depends. Consent, if obtained in advance and informed, may permit otherwise.

Question 32Duties to the Court and the Administration of Justice

A lawyer is asked to act for two clients whose interests conflict in the same transaction. What should the lawyer do?

  1. Act for both and keep each client's information secret from the other.
  2. Act for the client who instructed the lawyer first.
  3. Decline to act for both unless each gives informed consent and the conflict can be managed. Correct answer.
  4. Act for both if each client signs a waiver without understanding the conflict.

Explanation

A lawyer must not act where a conflict of interest exists or is likely to arise unless each client gives informed consent and it is reasonable to act. Keeping each client's information secret from the other while acting for both is itself a conflict.

Question 33Duties to the Court and the Administration of Justice

A prosecutor is preparing to tender evidence of a prior inconsistent statement by a key witness. What is the prosecutor's overriding obligation?

  1. To withhold evidence that might weaken the prosecution.
  2. To present only the evidence that supports the prosecution case.
  3. To disclose all relevant evidence to the defence, including material that may assist the accused. Correct answer.
  4. To secure a conviction by presenting the strongest possible case.

Explanation

A prosecutor's duty is to the administration of justice, not to securing a conviction at all costs. This includes disclosing all relevant evidence, including material that may assist the accused. Suppression of helpful material is a serious breach of prosecutorial duty.

Question 34Duties to the Court and the Administration of Justice

A lawyer is instructed to make an allegation of fraud against a party without any evidentiary basis. What should the lawyer do?

  1. Make the allegation and let the court decide its merit.
  2. Make the allegation but phrase it as a question.
  3. Decline to make the allegation until a proper basis is established. Correct answer.
  4. Make the allegation only in written submissions to avoid cross-examination.

Explanation

A lawyer must not make serious allegations, such as fraud, without a proper factual foundation. Advancing baseless allegations misleads the court and unfairly damages the other party. The lawyer should decline until a sufficient basis exists.

Question 35Duties to the Court and the Administration of Justice

A lawyer is asked to prepare a client for cross-examination. The client asks whether the lawyer will help conceal an inconsistency in the client's evidence. What is the correct response?

  1. The lawyer may conceal the inconsistency if it is minor.
  2. The lawyer must not assist the client to give false or misleading evidence. Correct answer.
  3. The lawyer may coach the client to give consistent answers even if untrue.
  4. The lawyer may conceal it if the client promises to correct it later.

Explanation

A lawyer must never coach a client to give false or misleading evidence, as this subverts the truth-seeking function of the court. Preparing a witness means helping them give honest, accurate evidence, not manufacturing consistency.

Question 36Duties to the Court and the Administration of Justice

A lawyer is appearing before a judge who is a former partner of the lawyer's firm. What should the lawyer consider first?

  1. Whether the client would object if told after the hearing.
  2. Whether the relationship gives rise to a reasonable apprehension of bias requiring disclosure. Correct answer.
  3. Whether the judge will be more favourable to the lawyer's client.
  4. Whether the lawyer can use the relationship to obtain procedural advantages.

Explanation

A lawyer must consider whether a relationship with the judge could give rise to a reasonable apprehension of bias. If so, the lawyer should disclose the matter and consider whether to seek the judge's recusal. Exploiting the relationship would be improper.

Question 37Duties to the Court and the Administration of Justice

A lawyer discovers that a client has given false evidence in an earlier hearing at which the lawyer appeared. What is the lawyer's duty?

  1. Advise the client to correct the evidence and, if the client refuses, cease to act without disclosing the confidences. Correct answer.
  2. Continue acting and ignore the false evidence.
  3. Take no action because the evidence is already on the record.
  4. Immediately report the client to the police without further steps.

Explanation

A lawyer must not be a party to misleading the court and should first advise the client to correct the false evidence. If the client refuses, the lawyer must cease to act, but without disclosing the client's confidences to the court.

Question 38Duties to the Court and the Administration of Justice

A lawyer is asked to sign a memorandum of advice that the client will use to obtain a court order. The lawyer has not reviewed the supporting documents. What should the lawyer do?

  1. Decline to sign until the supporting documents have been reviewed. Correct answer.
  2. Sign the memorandum and rely on the client's assurances.
  3. Sign the memorandum because the client takes responsibility for its contents.
  4. Sign the memorandum and note the lack of review in a footnote.

Explanation

A lawyer must not sign or certify a document unless satisfied of its accuracy and that reasonable enquiries have been made. Signing without reviewing the supporting material risks misleading the court. The lawyer should decline until the documents have been properly reviewed.

Question 39Duties to the Court and the Administration of Justice

A lawyer is asked to advise a client on whether to comply with a court order that the client considers unjust. What is the correct advice?

  1. The client may delay compliance until the court raises the issue again.
  2. The client may ignore the order if the lawyer agrees it is unjust.
  3. The client must comply with the order unless and until it is set aside on appeal. Correct answer.
  4. The client may ignore the order if the client believes it is unjust.

Explanation

Court orders bind the parties and must be obeyed unless and until they are set aside on appeal or varied. A lawyer must not encourage or assist a client to disobey a court order. The proper course is to pursue lawful avenues of challenge.

Question 40Duties to the Court and the Administration of Justice

A lawyer is offered a large personal payment by a client conditional on the lawyer obtaining a particular outcome in court. What is the correct response?

  1. Accept the payment only if the outcome is achieved through lawful means.
  2. Accept the payment because the client is entitled to reward success.
  3. Decline the payment because it creates an improper incentive affecting the lawyer's duty to the court. Correct answer.
  4. Accept the payment but disclose it to the court.

Explanation

A payment contingent on a particular court outcome creates a personal interest that may compromise the lawyer's independent duty to the court. Such arrangements risk encouraging improper conduct and should be declined. Disclosure does not remove the improper incentive.

Question 41Duties to Clients: Competence, Care, Loyalty and Confidentiality

A solicitor is instructed in a straightforward residential conveyance. Which duty best describes the solicitor's obligation to the client regarding the standard of work performed?

  1. To charge the maximum fee the market will bear
  2. To act with the competence and care reasonably expected of a legal practitioner undertaking that work Correct answer.
  3. To guarantee a successful outcome regardless of the merits
  4. To follow the client's instructions even where they are unlawful

Explanation

A practitioner owes the client a duty to act with reasonable competence and care in carrying out the retainer, judged against the standards of a reasonably competent practitioner in that field. The duty is one of skill and diligence, not a warranty that the client will succeed. Instructions must be lawful and within the retainer.

Question 42Duties to Clients: Competence, Care, Loyalty and Confidentiality

A client tells her solicitor in a private meeting that she concealed assets in a prior property settlement. The solicitor later receives a subpoena in unrelated litigation involving the client. What is the solicitor's primary obligation regarding that information?

  1. To disclose it to the court at the earliest opportunity
  2. To publish it to protect the solicitor's own reputation
  3. To share it with the other side as a matter of professional courtesy
  4. To keep the information confidential unless disclosure is authorised or compelled by law Correct answer.

Explanation

Information received in the course of the retainer is confidential and may not be disclosed without authority or a legal obligation to disclose. Confidentiality is a separate duty from legal professional privilege, though both may apply. Disclosure is permitted only in recognised circumstances such as client consent or compulsion by law.

Question 43Duties to Clients: Competence, Care, Loyalty and Confidentiality

Which statement correctly distinguishes the duty of confidentiality from legal professional privilege?

  1. Confidentiality is an ethical duty of non-disclosure; privilege is a rule of evidence allowing the client to resist compulsory disclosure Correct answer.
  2. Confidentiality belongs to the practitioner; privilege belongs to the court
  3. Confidentiality applies only in court; privilege applies only outside court
  4. Confidentiality expires when the retainer ends; privilege expires at the same moment

Explanation

Confidentiality is a professional ethical obligation not to reveal client information, while legal professional privilege is a substantive evidentiary right held by the client to withhold certain communications from compulsory production. They overlap but rest on different foundations and have different exceptions. Privilege can be waived by the client, not by the practitioner.

Question 44Duties to Clients: Competence, Care, Loyalty and Confidentiality

A practitioner discovers that he has a personal financial interest in a company that is the opposing party in his client's matter. What is the most appropriate course?

  1. Continue acting but delegate all work to a junior lawyer without telling the client
  2. Terminate the retainer without explanation to avoid embarrassment
  3. Continue acting silently because the interest is small
  4. Disclose the conflict to the client and cease acting unless the client gives informed consent to continue Correct answer.

Explanation

A practitioner must avoid conflicts between the client's interests and the practitioner's own interests, and must disclose any such conflict promptly. If a conflict exists, the practitioner should decline or cease acting unless the client gives fully informed consent and the conflict is manageable. Silence or undisclosed delegation does not cure the conflict.

Question 45Duties to Clients: Competence, Care, Loyalty and Confidentiality

A client asks her solicitor to draft a statement she intends to file that the solicitor knows contains a false assertion of fact. What should the solicitor do?

  1. Draft the statement as instructed because the client bears responsibility for its contents
  2. Draft the statement but add a private note to the court flagging the falsehood
  3. Withdraw from the matter without telling the client why
  4. Decline to draft or present the false assertion and advise the client of the obligation of honesty to the court Correct answer.

Explanation

A practitioner must not knowingly present false material to a court and must correct any misleading information. The duty to the court and the administration of justice overrides a client's instruction to advance a false case. The practitioner should advise the client and decline to participate in the deception.

Question 46Duties to Clients: Competence, Care, Loyalty and Confidentiality

What does the duty of loyalty require of a practitioner towards a current client?

  1. Prioritising the practitioner's commercial relationships with repeat clients
  2. Acting for both sides of a dispute where each agrees to pay half the fee
  3. Referring the client to another firm whenever a difficulty arises
  4. Undivided fidelity, including avoiding acting for another party whose interests are adverse to the client in the same or a related matter Correct answer.

Explanation

Loyalty requires the practitioner to serve the client's interests free of conflicting loyalties, which generally precludes acting against a current client in a related matter. Acting for both sides of a dispute creates an impermissible conflict. The duty is owed to each current client and cannot be diluted by fee arrangements.

Question 47Duties to Clients: Competence, Care, Loyalty and Confidentiality

A practitioner receives a client's confidential document by mistake from an opposing solicitor. What is the appropriate response?

  1. Notify the sender promptly and refrain from using or reading the material beyond what is necessary to identify the error Correct answer.
  2. Forward the document to the court without informing either party
  3. Use the document to advantage because it was freely sent
  4. Destroy the document and say nothing to anyone

Explanation

A practitioner who receives material that appears to be privileged or confidential and was sent in error should promptly notify the sender and must not take advantage of the mistake. Using inadvertently disclosed material can breach duties of honesty and fairness to the opposing party. Silence or concealment compounds the impropriety.

Question 48Duties to Clients: Competence, Care, Loyalty and Confidentiality

Which of the following best describes the practitioner's duty regarding communication with a client during a retainer?

  1. To keep the client reasonably informed of significant developments and to respond to reasonable requests for information Correct answer.
  2. To withhold adverse developments until the matter concludes
  3. To communicate only when a court appearance is imminent
  4. To communicate only through the client's accountant or adviser

Explanation

A practitioner must keep the client informed about the progress of the matter and significant developments, and should provide clear advice so the client can make informed decisions. Withholding bad news undermines the client's ability to give proper instructions. Communication is a core element of the duty of care.

Question 49Duties to Clients: Competence, Care, Loyalty and Confidentiality

A practitioner acts for a client in litigation. Midway through, the practitioner realises she lacks experience in the specialised area of law involved. What is the appropriate response?

  1. Reduce the fee and say nothing about the lack of experience
  2. Continue alone and hope the issue does not arise at trial
  3. Advise the client of the limitation and either obtain appropriate assistance or refer the matter, with the client's informed agreement Correct answer.
  4. Ask the opposing solicitor to explain the law informally

Explanation

Competence requires a practitioner to recognise the limits of their expertise and to take steps such as seeking assistance, undertaking further study or referring the matter. The client should be informed so they can decide how to proceed. Continuing without the necessary skill risks breaching the duty of care.

Question 50Duties to Clients: Competence, Care, Loyalty and Confidentiality

A client consents to her solicitor revealing certain confidential information to the client's bank. What is the effect of that consent?

  1. It permits the solicitor to disclose any information about the client to anyone
  2. It transfers the duty of confidentiality to the bank
  3. It permits disclosure only to the extent and for the purpose consented to, and the practitioner should confirm the scope Correct answer.
  4. It has no effect, because confidentiality can never be waived

Explanation

Client consent allows disclosure, but only within the scope and purpose for which it is given. A practitioner should clarify the extent of consent and act within it. Consent does not open the whole of the client's affairs to disclosure, nor does it transfer the duty to a third party.