QLD BAR EXAM ETHICS ACTUAL QUESTIONS

QLD BAR EXAM – ETHICS (ACTUAL / ) QUESTIONS

AND VERIFIED 100% CORRECT ANSWERS (LATEST UPDATE

What do you do if your client has committed perjury? - ---

Answers---Rule 78:

If informed at any time prior to judgment that client has lied, falsified documents, withheld material evidence, etc - must request client's consent to inform the court.If consent refused, must withdraw, but not otherwise inform

the court: Rule 78.

Rule 78? - ---Answers---Rule 78 requires barristers to take action if they become aware that their client or a witness called on behalf of the client has lied or falsified evidence or suppressed material evidence.

If the barrister learns of such misconduct during a hearing or after judgment or decision is reserved and while it remains pending, they must refuse to take any further part in the case unless the client authorizes the barrister to inform the court of the misconduct.

If the client does authorize the barrister to inform the court, the barrister must promptly inform the court of the lie, falsification, or suppression.

If the barrister learns of the misconduct after the judgment or decision has been delivered, they must advise the client of the duty to disclose the misconduct to the appropriate authorities. 1 / 3

Can you take advantage of an opponent's mistake? - ---

Answers---Rule 50: A barrister does not make a false

statement to the opponent simply by failing to correct an error on any matter stated to the lawyer by the opponent

Where are the rules for disclosure of information? - --- Answers---rr 107-111.

What are the rules for disclosure? - ---Answers---Must not disclose confidential information obtained in practice except as compelled by law, obtained from another non-confidential source, or disclosed in a confidential setting for obtaining legal

advice: Rule 108

Cannot disclose beyond the scope of consent even with the

obtained consent: Rule 109

Disclosure of confidential information is allowed to instructing solicitors, admin staff, or in the course of devilling work under

Rule 107 without breaching Rule 108: Rule 110

Barristers performing devilled work under Rule 107 are bound

by the same duties of confidentiality as the barrister briefed:

Rule 111

What happens if you accept a brief where you have a conflict of interest? - ---Answers---Must return brief if have confidential information that may be material to the client's case, and the information is confidential to another person, as a real

possibility, except if the other person consents: Rule 112.

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Must consider the possibility of conflicting interests when appearing for two or more parties in a case, and return one or both briefs to remove the possibility of conflict, as required (if

Rule 108 applies): Rule 113.

Rule 114? - ---Answers---Solicitor's conflict:

If believe client's interests may conflict with instructing solicitors', or that client may have claim against instructing

solicitors, must:

· advise the instructing solicitor of that belief; and · if instructing solicitor does not agree to advise the client, seek to advise the client of belief in the presence of the

instructing solicitor: Rule 114.

eg, as to Solicitor completely ****ing a case up, and then briefing counsel when a pro-neg matter may be on foot.

Undertakings? - ---Answers---Undertakings as to whom:

The client or a solicitor.Strict compliance expected.

Clarify placement in the exam?

Duties owed to third parties in tort? - ---Answers---· As a general rule, a lawyer acting on behalf of a client owes no duty

of care in tort to non-clients: Ross v Caunters.

· Liability will usually only arise where:

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