Essential Professional Conduct: Legal Ethics (Essential by Geoff Monahan

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By Geoff Monahan

Crucial specialist behavior: criminal Ethics presents a transparent and concise advisor to the main parts of Australian felony ethics. The publication is written in particular for the undergraduate legislations and/or functional felony education scholar. each one bankruptcy opens with a list of the parts coated in that a part of the ebook, and the subsequent textual content offers an simply assimilable dialogue of the $64000 ideas of the subject in query. by way of heading off the complexities of many textbooks, crucial expert behavior: criminal Ethics goals to supply scholars with a transparent figuring out of the criminal perform and ethics, so that you can then construct on their wisdom, and returning to this publication for revision reasons.

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Extra resources for Essential Professional Conduct: Legal Ethics (Essential Professional Conduct)

Sample text

5. 24 A practitioner seeking any interlocutory relief in an ex parte application must disclose to the court all matters which: (a) are within the practitioner’s knowledge; (b) are not protected by legal professional privilege; and (c) the practitioner has reasonable grounds to believe would support an argument against granting the relief or limiting its terms adversely to the client. 24; and (b) if the client does not waive the privilege as sought by the practitioner: (i) must inform the client of the client’s responsibility to authorise such disclosure and the possible consequences of not doing so; and (ii) must inform the court that the practitioner cannot assure the court that all matters which should be disclosed to the court have been disclosed to the court.

49 A practitioner must not take any step to prevent or discourage prospective witnesses from conferring with the opponent or being interviewed by or on behalf of any other person involved in the proceedings. 49 simply by telling a prospective witness or a witness that the witness need not agree to confer or to be interviewed. 3. 3 the practitioner, thereafter, notifies the other legal practitioner of the communication. 2 A practitioner who receives notice from another practitioner that the practitioner’s client has instructed or retained that practitioner may, after notifying the other practitioner, communicate with the former client for the purpose of arranging for the orderly transfer of the client’s affairs to the other practitioner.

Procedure for interviewing witnesses It is improper for a lawyer to advise or suggest that a witness should give false evidence or to hint at results that certain evidence will achieve. However, there is no prohibition against a lawyer interviewing witnesses before their evidence is given, but witnesses (including a party) should be interviewed separately in relation to any contentious issue. 4. 46 A practitioner must not confer with, or condone another legal practitioner conferring with, more than one lay witness (including a party or client) at a time, about any issue: (a) as to which there are reasonable grounds for the practitioner to believe it may be contentious at a hearing; or 27 ESSENTIAL PROFESSIONAL CONDUCT: LEGAL ETHICS (b) which could be affected by, or may affect, evidence to be given by any of those witnesses.

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