Queensland Bar Exam (Ethics) study guide
Queensland Bar Exam (Ethics) · Work through your exam, one topic at a time.
The ethics component of the Queensland Bar Practice Course is the stage at which aspiring barristers are tested on whether they can be trusted with the privileges of independent practice: a practising certificate, a specialised advocacy brief, and the court's confidence. It is intended for readers who have completed or are completing the Bar Practice Course and are preparing for admission and call, and for interstate or overseas lawyers seeking to understand the Queensland standard. The Queensland Bar Exam (Ethics) study guide has 7 sections and about 2,358 words.
01Duties to the Court and the Administration of Justice
The foundational rule is that a solicitor's duty to the court and to the administration of justice prevails over any duty to the client. This is not a tie-breaker to be weighed against client loyalty; it is a hierarchy.
360 words, about 2 min02Duties to Clients: Competence, Care, Loyalty and Confidentiality
A solicitor owes the client competence (the knowledge, skill and diligence reasonably expected for the matter), care (attention and diligence in conduct), loyalty (single-minded pursuit of the client's interests, free of conflicting personal or third-party interests), and confidentiality (protection of information imparted in the relationship). Competence is assessed objectively against the standard of a reasonably competent practitioner in that field.
348 words, about 2 min03Conflicts of Interest and the Proper Handling of Client Information
There are three main conflict types: (1) conflict between the client's interests and the solicitor's own interests (personal interest conflict); (2) conflict between two current clients (concurrent conflict); and (3) conflict between a former client and a new client (successive conflict). Each is governed by the same core principle: a solicitor must not act where a conflict exists or is a real possibility, unless the conflict is fully disclosed and all affected clients give informed consent, and the solicitor is satisfied that no confidential information will be used against a former client.
359 words, about 2 min04Advocacy, Fairness and Communications with Other Parties
An advocate has a duty to present the client's case firmly and fearlessly, but within the bounds of fairness. The advocate must not misstate the evidence, must not make submissions that cannot be supported, and must not express personal opinions on the merits or on the credibility of witnesses.
345 words, about 2 min05Fees, Costs, Trust Money and Financial Obligations
Solicitors must disclose costs fairly and transparently, provide a costs agreement where required, and avoid charging excessive or unreasonable fees. Disclosure should occur before or at the time of engagement and be updated if circumstances change.
318 words, about 2 min06Professional Conduct, Discipline and Regulatory Obligations
Solicitors are regulated by a statutory body (often a legal services commission or law society) under legislation governing admission, practising certificates, and discipline. The regulator investigates complaints, may prosecute disciplinary charges, and can impose sanctions ranging from reprimand to suspension or removal from the roll.
328 words, about 2 min07Practice Management, Supervision and Ethical Decision-Making
Practice management is an ethical duty, not merely an administrative one. A well-run practice has systems for file management, conflict checking, trust accounting, supervision of juniors, and client communication.
300 words, about 2 min