King's Inns Professional Conduct flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Duty to the court

The advocate's paramount duty is to the court and the administration of justice. Where it conflicts with the client's interests, the court duty prevails, and the client must be advised of that limit on the retainer.

Conflict of interest test

A barrister must decline a brief where a conflict exists between two clients, or between the client and the barrister's own interest. The test is applied at acceptance and continues throughout the retainer.

Cab-rank rule

A barrister must accept a brief in a field in which the barrister practises, subject to exceptions: insufficient experience, conflict of interest, professional embarrassment, unpaid fees, or matter outside competence.

Coaching a witness

Rehearsing or coaching a witness is prohibited. A barrister must not discuss evidence with a witness while that witness is under cross-examination, though pre-trial conferencing about evidence is permitted.

Misleading the court

A barrister must never knowingly mislead the court and must correct an inadvertent misleading at the first opportunity. Citing overruled authority or a bad point in law is prohibited.

Confidentiality duration

Confidentiality continues after the retainer ends and after the client's death. It is not displaced merely because information has become public unless it is genuinely public knowledge.

Contact with represented party

A barrister must not communicate directly with a party who is legally represented. With an unrepresented party, communication is permitted but no unfair advantage may be taken and no legal advice given.

Holding client money

A barrister may not hold client money and may not enter a partnership with a solicitor for the supply of advocacy. Contingency fees in criminal matters are prohibited.

District Court jurisdiction

In civil matters the District Court generally hears claims up to 15,000 euro. The Circuit Court hears claims up to 75,000 euro, and the High Court has unlimited jurisdiction.

Plenary summons

A plenary summons is used in the High Court where the facts are disputed and a full trial on evidence is required. It differs from summary and special summons procedures.

Personal injuries limitation

A personal injuries action must generally be commenced within two years of the date of knowledge or of the act. Contract claims run six years from breach, and twelve years for a specialty.

Judgment in default

Where a defendant fails to deliver a defence within the time prescribed by the rules, commonly 28 days after service of the statement of claim, the plaintiff may apply for judgment in default.

Discovery test

Discovery is sought by motion grounded on affidavit. Documents must be relevant, and discovery must be necessary for disposing fairly of the matter or for saving costs.

Interlocutory injunction test

An interlocutory injunction requires a fair question to be tried and the balance of convenience to favour the applicant. The applicant normally gives an undertaking as to damages.

Substituted service

Where prompt personal service is impractical, the court may order substituted service on affidavit evidence. Personal service remains the default for originating documents.

Appeal routes

Appeals go from the District Court to the Circuit Court, from the Circuit Court to the High Court, and from the High Court to the Court of Appeal. The Supreme Court hears further appeals.

Costs follow the event

The general rule is that costs follow the event, but the court retains discretion. Costs may be awarded on a party-and-party or solicitor-and-client basis, including against unreasonable conduct.

Contract formation elements

A binding contract requires offer, acceptance, consideration, intention to create legal relations, and certainty of terms. Consideration must be sufficient but need not be adequate.

Negligence elements

Negligence requires a duty of care, breach of that duty, causation, and damage not too remote. Remoteness is tested by reasonable foreseeability of the type of harm.

Criminal standard of proof

The prosecution must prove the actus reus and mens rea beyond reasonable doubt. The standard rests on the prosecution throughout the trial, and any doubt favours the accused.

Presumption of innocence

Article 38.1 of the Constitution protects the presumption of innocence. The burden of proving guilt lies on the prosecution, and any statutory reverse burden must be proportionate.

Similar fact evidence

Similar fact evidence is generally inadmissible, subject to exceptions such as system and propensity. Hearsay is also generally inadmissible in criminal proceedings, subject to statutory exceptions.

Lease essentials

A lease requires certainty of term, exclusive possession, and rent or other consideration. A licence confers personal permission only and does not bind third parties.

Director fiduciary duties

Under the Companies Act 2014 directors must act in good faith in the company's interests, avoid conflicts, and exercise care, skill and diligence. These duties are owed to the company.

Direct effect of directives

A directive is directly effective against the State where the implementation deadline has passed and the provision is unconditional and sufficiently precise. It cannot be relied on against a private party.

Presumption of constitutionality

Legislation is presumed constitutional. A court will adopt the interpretation that saves a statute where possible, and will strike it down only where it is repugnant to the Constitution.

Opening speech

An opening states the issues, the facts relied on, and the evidence that will prove them. It must not refer to evidence that will not be called, nor make legal submissions.

Examination-in-chief

Questions are open, and leading questions are permitted only on formal or non-controversial matters. The evidence must come from the witness, not from the advocate.

Cross-examination rule

Leading and closed questions are used in cross-examination. The client's case must be put to the witness, and any allegation of impropriety must be put directly so the witness can respond.

Re-examination limits

Re-examination is confined to matters arising out of cross-examination. New matters may not be introduced, and leading questions are not permitted during re-examination.

Making an objection

An objection must be made promptly and briefly, stating the ground, such as relevance, hearsay, leading, form or privilege, and inviting a ruling before the answer is given where possible.

Closing submissions

Closing submissions address the burden and standard of proof, apply the law to the evidence, and confront the weaknesses of the advocate's own case rather than ignoring them.