Published: August 2021
Authors: Paul Collins, Grant Illingworth QC
Pages: 35 + PowerPoint slides
Delivered: Advocacy Ethics Update In Short Seminar

Content outline

• Order in the court
• Fundamental obligations
• The rule of law and the administration of justice
• Independence in advocacy
• Duties owed to the client
• Alleging wrongful conduct
• Discovery of clients
• Dealing with witnesses
• Expert witnesses
• Prosecutors and defence counsels
• Disqualifying conflicts and debarring orders - update
• Threats in aid of settlement - when does a threat become improper under R 2.7 or 2.10 and when is settlement privilege lost?
• The duty not to mislead the court - the problem of half-truths - the duty to correct misleading evidence
• Aspects of the duty of competence in advocacy - responsible litigation strategy - responsibility when applying for relief under urgency or without notice
• The new conduct and client care rules and their relevance in advocacy