Lawyer must respect the law and prevent any abuse of Duty not to Abuse Process – process or procedure. A lawyer must not be a Insufficient Evidence – PCPR 16.3; Vic Bar 35 – knowing party to the presentation of evidence or making of statements for which there is insufficient evidentiary foundation to submit such evidence. This includes the submission of evidence relating to third 3rd Parties – parties for which there is no evidence per Rondel v Worsely. A lawyer must Baseless aspersions or allegations PCPR 16.1; Vic Bar 35 – – not be party to the presentation of any statement or allegation for which there is insufficient evidence [per above] or which is not appropriate to the advancement of the clients case. Clyne v NSW Bar Association Lawyers should not make any allegations of Allegations of Criminality – criminal activity such as fraud and should not make such claims lightly per – – Saltoon v Lake. Lawyers must have appropriate evidentiary Large evidentiary burden – foundations prior to alleging or pleading fraud and be aware of disciplinary consequences if they are wrong. Holborow v McDonald Cannot make Barristers cannot make allegations lightly Vic Bar 37 – – allegations which are or calculated to vilify insult or insure ‘scandalous the commercial or personal reputation of any person or corporation’ Lawyers must acknowledge their duty to the administration Frivolous Cases – of justice requires efficient and effective resolution of cases with economic efficiency. Lawyers must realistically assess client cases and not Duty to Inform – pursue frivolous cases and if they pursue weak cases inform the – client the case is weak and the likely consequences. Steindl Nominees v Laghaifar Lawyers who squander Court time and Speedy & Efficiency – resources face cost orders and disciplinary procedures for wastage. Giannarelli v Wraith; CT Bowring & Co v Corsi Partners Lawyers who instruct their clients to Lawyer imposed Costs Orders – pursue frivolous cases or unduly delay litigation can have Court imposed cost orders. White Industries v Flower & Hart ***Duty not to Corrupt Administration of Justice [next page]
Duty not to Abuse Process – Lawyer must respect the law and prevent any abuse of process or procedure. Insufficient Evidence – PCPR 16.3; Vic Bar 35 – A lawyer must not be a knowing party to the presentation of evidence or making of statements for which there is insufficient evidentiary foundation to submit such evidence. 3rd Parties – This includes the submission of evidence relating to third parties for which there is no evidence per Rondel v Worsely. Baseless aspersions or allegations – PCPR 16.1; Vic Bar 35 – A lawyer must not be party to the presentation of any statement or allegation for which there is insufficient evidence [per above] or which is not appropriate to the advancement of the clients case. Clyne v NSW Bar Association Allegations of Criminality – Lawyers should not make any allegations of criminal activity – such as fraud – and should not make such claims lightly per Saltoon v Lake. Large evidentiary burden – Lawyers must have appropriate evidentiary foundations prior to alleging or pleading fraud and be aware of disciplinary consequences if they are wrong. Holborow v McDonald Barristers cannot make allegations lightly – Vic Bar 37 – Cannot make allegations which are ‘scandalous or calculated to vilify insult or insure the commercial or personal reputation of any person or corporation’ Frivolous Cases – Lawyers must acknowledge their duty to the administration of justice requires efficient and effective resolution of cases with economic efficiency. Duty to Inform – Lawyers must realistically assess client cases and not pursue frivolous cases and if they pursue weak cases – inform the client the case is weak and the likely consequences. Steindl Nominees v Laghaifar Speedy & Efficiency – Lawyers who squander Court time and resources face cost orders and disciplinary procedures for wastage. Giannarelli v Wraith; CT Bowring & Co v Corsi Partners Lawyer imposed Costs Orders – Lawyers who instruct their clients to pursue frivolous cases or unduly delay litigation can have Court imposed cost orders. White Industries v Flower & Hart ***Duty not to Corrupt Administration of Justice [next page]
Ethics_Summary.docx