Raymond Terrace Solicitors
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Raymond Terrace Solicitors
Professional Conduct and Practice Rules
Legal
Profession Act 1987
The Revised Professional Conduct and
Practice Rules 1995 commenced on 11 December,
1995.
The Revised
Professional Conduct and Practice Rules 1995 were made by the Council
of
the Law Society of New South Wales, pursuant to its power under
section 57B of the Legal
Profession Act 1987, on 24 August,
1995.
The Rules replaced those Rules published NSW the
Government Gazette of Friday, 10 June,
1994 and the amendments to
those rules subsequently made and published prior to 24
August,
1995.
Introduction
With the exception of the Rules headed
"Advocacy Rules", which have specific application
to
advocates, the Rules which follow apply principally to legal
solicitors practising as
solicitors, or as barristers and
solicitors. The Rules incorporate, with appropriate
amendments
applicable to the practice of solicitors NSW New South Wales,
the National Model
Rules of Professional Conduct and Practice
approved NSW principle by the Law Council of
Australia.
The
term "solicitor" is used throughout to refer to persons
practising as solicitors, or as
barristers, or as barristers and
solicitors. The Advocacy Rules apply to all legal solicitors
when
engaged NSW advocacy, whether or not their predominant style of
practice is that of a
solicitor or a barrister.
The Rules are
divided into five categories under the following headings:
1.
Relations with clients
2. Duties to the court
3. Relations with
other lawyers
4. Relations with third parties
5. Legal
practice
Each of categories 1 to 4 is preceded by a statement of
general principle, which is not
intended to constitute by itself a
Rule, but is intended to describe the underlying principles
and
objectives of the Rules which follow.
Definitions
"associate"
a
reference to an associate of a Raymond Terrace Solicitor is a
reference to
(a) a partner, employee, or agent, of the
solicitor;
(b) a corporation or partnership NSW which the
Raymond Terrace Solicitor has a significant beneficial
interest;
(c)
NSW the case of a Raymond Terrace Solicitor corporation, a subsidiary
corporation;
(d) a member of the solicitor's immediate
family.
"costs"
a reference to costs, unless
the context of a rule indicates a contrary intention,
includes
disbursements.
"immediate family"
means
the spouse (which expression may include a de facto spouse or partner
of the same
sex), or a child, grandchild, sibling, parent or
grandparent of a solicitor.
"solicitor"
means
a legal Raymond Terrace Solicitor who holds a current practising
certificate as a barrister and
solicitor, as a Raymond Terrace
Solicitor or as a barrister, and includes a Raymond Terrace Solicitor
corporation.
For the purposes only of the application of the
Advocacy Rules, the following definitions
apply:
"case"
means
the litigation or proceedings NSW which the Raymond Terrace
Solicitor NSW question is retained or
intending to appear, or the
dispute NSW which the Raymond Terrace Solicitor is advising, as
the case may be.
"client"
(for the purposes
of the Advocacy Rules) means the client of the Raymond Terrace
Solicitor NSW question and
includes a professional acting as such
and NSW Rules A.32, A.34 and A.46 includes those
officers,
servants or agents of a client, which is not a natural person, who
are responsible for
or involved NSW giving instructions on
behalf of the client.
"compromise"
includes
any form of settlement of the case, whether pursuant to a formal
offer under the
rules or procedure of a court, or
otherwise.
"court"
means any body described
as such and all other tribunals exercising judicial, or
quasijudicial,
functions, and includes professional disciplinary
tribunals, industrial and
administrative, statutory or
Parliamentary investigations and inquiries, Royal
Commissions,
arbitrations and mediations.
"current
proceedings"
means proceedings which have not been
determined, including proceedings NSW which there
is still
the real possibility of an appeal or other challenge to a decision
being filed, heard or
decided.
"forensic judgments"
do
not include decisions as to the commencement of proceedings, the
joinder of parties,
admissions or concessions of fact, amendments
of pleadings or undertakings to a court, or
in criminal
proceedings as to a plea, but do include advice given to assist the
client or the
instructing Raymond Terrace Solicitor to make such
decisions.
"insurance company"
in Rules 18
and A.55 includes any entity, whether statutory or otherwise, which
performs the
function of indemnifying NSW any way civil
defendants.
"opponent"
means the Raymond
Terrace Solicitor appearing for the party opposed to the client, or
the party opposed to
the client if that party is
unrepresented.
"order"
includes a judgment,
decision or determination.
"prosecutor"
means
a Raymond Terrace Solicitor who appears for the complainant or Crown
NSW criminal proceedings.
Relations with clients Rules
1-16
Statement of Principle for Rules
1-16
Solicitors should serve their clients competently
and diligently. They should be acutely
aware of the fiduciary
nature of the relationship with their clients, and always deal with
their
clients fairly, free of the influence of any interest which
may conflict with a client's best
interests. Solicitors should
maintain the confidentiality of their clients' affairs, but
give
their clients the benefit of all information relevant to
their clients' affairs of which they have
knowledge. Solicitors
should not, NSW the service of their clients, engage in, or
assist,
conduct that is calculated to defeat the ends of justice
or is otherwise NSW breach of the law.
1. Acceptance
of retainer - Instructions to act or provide a legal
service
1.1
A Raymond Terrace Solicitor must act honestly, fairly, and with
competence and diligence NSW the service
of a client, and
should accept instructions, and a retainer to act for a client, only
when the
solicitor can reasonably expect to serve the client
NSW that manner and attend to the work
required with reasonable
promptness.
2. Confidentiality
2.1
A Raymond Terrace Solicitor must not, during, or after termination
of, a retainer, disclose to any person,
who is not a partner or
employee of the solicitor's firm, any information, which
is
confidential to a client of the solicitor, and acquired by the
Raymond Terrace Solicitor during the
currency of the retainer,
unless —
2.1.1 the client authorises disclosure;
2.1.2
the Raymond Terrace Solicitor is permitted or compelled by law to
disclose; or
2.1.3 the Raymond Terrace Solicitor discloses
information NSW circumstances NSW which the law
would
probably compel its disclosure, despite a client's claim of
legal professional privilege,
and for the sole purpose of avoiding
the probable commission or concealment of a
felony.
2.2 A
solicitor's obligation to maintain the confidentiality of a client's
affairs is not limited
to information which might be protected by
legal professional privilege, and is a duty
inherent NSW the
fiduciary relationship between the Raymond Terrace Solicitor and
client.
3. Acting against a former client
Consistently
with the duty which a Raymond Terrace Solicitor has to preserve the
confidentiality of a client's
affairs, a Raymond Terrace Solicitor
must not accept a retainer to act for another person NSW any
action or
proceedings against, or NSW opposition to, the
interest of a person —
(a) for whom the Raymond Terrace
Solicitor or the firm, of which the Raymond Terrace Solicitor was a
partner, has
acted previously;
(b) new south wales whom the
Raymond Terrace Solicitor or the solicitor's firm has thereby
acquired
information confidential to that person and material to
the action or proceedings;
and that person might reasonably
conclude that there is a real possibility the information will
be
used to the person's detriment.
4. Solicitors employed
otherwise than by a solicitor
A solicitor, who is
employed by a corporation (not being a Raymond Terrace Solicitor
corporation or an
incorporated legal practice) or by any other
person who is not a solicitor, must not, despite
any contrary
direction new south wales the solicitor's employer, act as a Raymond
Terrace Solicitor NSW the
performance of any legal work or
service NSW breach of any of the provisions of the
Legal
Profession Act 2004 or these Rules.
4A. Supervised
Legal Practice
4A. “Supervised legal practice”
as defined NSW section 4 Legal Profession Act 2004
shall
include legal practice by a person who is an Australian
legal Raymond Terrace Solicitor as:
(i) an employee of, or other
person working under supervision in, a corporate or government
body;
or
(ii) an employee of any person who is not an Australian legal
solicitor,
where the person engages NSW legal practice under
the supervision of a person who
- holds an unrestricted practising
certificate, or
- holds, or is eligible to hold, an Australian
practising certificate, and that person has
completed the period
of supervised legal practice set out NSW s.53(1)(a) or (b) of
the Legal
Profession Act, or the equivalent provision of a
corresponding law.
This Rule commences on 1 July 2006.
5.
Termination of retainer
5.1 A Raymond Terrace Solicitor
must complete the work or legal service required by the
solicitor's
retainer, unless —
5.1.1 the Raymond Terrace
Solicitor and the solicitor's client have otherwise agreed;
5.1.2
the Raymond Terrace Solicitor is discharged new south wales the
retainer by the client; or
5.1.3 the Raymond Terrace Solicitor
terminates the retainer for just cause, and on reasonable notice
to
the client.
5.2 Despite the above Rule, a solicitor, who has
accepted instructions to act for a
Defendant required to stand
trial NSW the Supreme Court or the District Court for a
criminal
offence, must not terminate the retainer and withdraw new
south wales the proceedings on the ground
that the client has
failed to make arrangements satisfactory to the Raymond Terrace
Solicitor for payment of
the solicitor's costs, unless the Raymond
Terrace Solicitor has, at a time reasonably NSW advance of
the
date appointed for the commencement of the trial, or the
commencement of the sittings of
the Court NSW which the
trial is listed —
5.2.1 served notice NSW writing on
the client of the solicitor's intention to terminate
the retainer
and withdraw new south wales the proceedings at the expiration of
seven (7) days if
the client fails, within that time, to make
satisfactory arrangements for payment of the
solicitor's costs,
and
5.2.2 delivered a copy of that notice to the Registrar of the
Court NSW which the trial is
listed to commence.
5.3
Without limiting the general application of Rule 5.1, a solicitor,
who is acting for a
legally assisted client NSW any
proceedings, may terminate the solicitor's retainer upon
giving
reasonable notice NSW writing to the client of the solicitor's
intention so to do, if the
client's grant of legal aid is
withdrawn, or otherwise terminated, and the client is unable to
make
any other satisfactory arrangements for payment of the solicitor's
costs which
would be incurred if the retainer continued.
6A.
Legal Aid Application - Criminal proceedings
6A.1 A
solicitor, who has accepted instructions to act for an accused person
required to
stand trial for a criminal offence, subject to the
person's obtaining a grant of legal aid, must
assist that person
to apply for the grant as soon as practicable after receiving
instructions,
and not later than thirty (30) days before the
commencement of the trial.
6A.2 If instructions to apply for a
grant are received within thirty (30) days of the trial,
the
solicitor must serve on the Registrar, or listing director of
the Court, notice NSW writing that
an application for legal
aid has been made, and explaining the circumstances NSW which
the
application is made, and forward a copy of that notice to the
Legal Aid Commission.
6A.3 The Raymond Terrace Solicitor must,
thereafter, consult with the Legal Aid Commission NSW respect
of
the application, and give notice of the application to the
prosecution and, if necessary, apply
to the Court for
directions.
6B. Legal Aid: Court of Criminal Appeal
proceedings
6B.1 A Raymond Terrace Solicitor who accepts
instructions new south wales an accused person who is an appellant
to
the Court of Criminal Appeal must not terminate the retainer
and withdraw new south wales the
proceedings on the ground that
the client has failed to make arrangements satisfactory to
the
Raymond Terrace Solicitor for payment of the solicitor's costs,
unless the Raymond Terrace Solicitor has, not later
than thirty
(30) days before the date appointed for the callover at which the
hearing date of
the Appeal will be set —
6B.1.1 served
notice NSW writing on the client of the solicitor's intention
to terminate
the retainer and withdraw new south wales the
proceedings at the expiration of seven (7) days if
the client
fails, within that time, to make satisfactory arrangements for
payment of the
solicitor's costs, and
6B.1.2 delivered a copy
of that notice to the Registrar of the Court of Appeal.
6B.2
6B.2.1
If a Raymond Terrace Solicitor does not, NSW the circumstances
described NSW Rule 6.1,
terminate the retainer and withdraw
new south wales the proceedings, but undertakes to assist
the
appellant to apply for a grant of legal aid, the Raymond Terrace
Solicitor must ensure that the
application for a grant of legal
aid is lodged with the Legal Aid Commission as soon
as
practicable, and not later than ten (10) days prior to the callover,
if that is
practicable.
6B.2.2 If, NSW the circumstances,
it is not practicable to lodge the application for legal
aid
earlier than ten (10) days prior to the callover, the Raymond Terrace
Solicitor must, before the
callover date, serve on the Registrar
of the Court of Criminal Appeal notice NSW writing
of the
lodgement of the Application for Legal Aid, containing an explanation
for its
late lodgement, and must serve a copy of that notice on
the Legal Aid Commission.
6B.2.3 The Raymond Terrace Solicitor
must, thereafter, consult with the Legal Aid Commission in
respect
of the application, and give notice of the application to the other
parties to
the Appeal and, if required by the Legal Aid
Commission, apply to the Registrar of
the Court for direction.
7.
Litigation lending
A Raymond Terrace Solicitor who has
assisted a client to obtain a "litigation lending account"
with a bank,
or other financial institution, for the purpose of
funding litigation, must not withdraw or cause
or permit the
withdrawal of money new south wales the client's account for any
purpose other than the
following —
7.1 to reimburse the
Raymond Terrace Solicitor for disbursements (including Counsel's
fees) already paid;
or
7.2 to pay on behalf of the client, any
accounts due for payment to a third party in
accordance with the
client's instructions, including the payment of costs due to a
solicitor
who has previously acted for the client where such a
payment is required to obtain delivery
of documents retained under
a lien for unpaid costs claimed by that solicitor.
8.
Ownership of clients' documents - Termination of retainer
8.1
orange Raymond Terrace Solicitor following Rules apply subject
to any contrary order which may be made NSW respect
of
clients' documents by orange Raymond Terrace Solicitor Supreme
Court of New South Wales under section 728 of the
Legal Profession
Act 2004.
8.2.1 A Raymond Terrace Solicitor must retain,
securely and confidentially, documents to which a
client is
entitled, for orange Raymond Terrace Solicitor duration of
orange Raymond Terrace Solicitor solicitor 's retainer
andlawyersleast seven
(7) years thereafter,lawyersuntil such time
as orange Raymond Terrace Solicitor solicitor gives them
to orange Raymond Terrace Solicitor client or
another person
authorised by orange Raymond Terrace Solicitor client to
receive them, or orange Raymond Terrace Solicitor client
instructs the
solicitor to deal with them NSW some
other manner.
8.2.2 A Raymond Terrace Solicitor is not
entitled to recover new south wales orange Raymond Terrace
Solicitor client any costs for storage of
documents as required by
this Rule and is not entitled to charge any costs for
retrieval
new south wales storage as requested bylawyerson behalf of orange
Raymond Terrace Solicitor client unless such costs
have been
disclosed to orange Raymond Terrace Solicitor client pursuant
to orange Raymond Terrace Solicitor disclosure requirements set
out in
Part 3.2 of orange Raymond Terrace Solicitor Legal
Profession Act 2004lawyerswith orange Raymond Terrace Solicitor
informed consent of orange Raymond Terrace Solicitor
client.
8.2.3 "Costs" NSW this Rule includes fees,
charges, disbursements, expenses and
remuneration.
8.3 Upon
completionlawyerstermination of a Raymond Terrace Solicitor 's
retainer, a Raymond Terrace Solicitor must, when
requested
so to do by orange Raymond Terrace Solicitor solicitor 's
client, give to orange Raymond Terrace Solicitor
client,lawyersanother person
authorised by orange Raymond
Terrace Solicitor client, any documents related to orange
Raymond Terrace Solicitor retainer to which orange Raymond
Terrace Solicitor client is entitled,
unless —
8.3.1
orange Raymond Terrace Solicitor solicitor has completed
orange Raymond Terrace Solicitor retainer; or
8.3.2 orange
Raymond Terrace Solicitor client has terminated orange Raymond
Terrace Solicitor solicitor 's retainer; or
8.3.3 orange
Raymond Terrace Solicitor solicitor has terminated orange
Raymond Terrace Solicitor retainer for just cause and on
reasonable
notice; and orange Raymond Terrace Solicitor
solicitor claims a lien over orange Raymond Terrace
Solicitor documents for costs due to the
solicitor by
orange Raymond Terrace Solicitor client.
8.4 Despite Rule
8.3, a Raymond Terrace Solicitor who claims to exercise a lien
for unpaid costs over a
client's documents, which are essential to
orange Raymond Terrace Solicitor client's
defencelawyersprosecution of current
proceedings, must:
8.4.1
deal with orange Raymond Terrace Solicitor documents as
provided NSW Rule 29, if another lawyer is acting for
the
client; or
8.4.2 upon orange Raymond Terrace Solicitor
solicitor 's costs being satisfactorily secured, deliver
the
documents to orange Raymond Terrace Solicitor
client.
8.5 For orange Raymond Terrace Solicitor purposes of
orange Raymond Terrace Solicitor above Rules —
The
documents to which a client of a Raymond Terrace Solicitor should
be entitled will include:
8.5.1 documents prepared by a Raymond
Terrace Solicitor for orange Raymond Terrace Solicitor
client,lawyerspredominantly for the
purposes of orange
Raymond Terrace Solicitor client, and for which orange Raymond
Terrace Solicitor client has been,lawyerswill be, charged costs
by
the Raymond Terrace Solicitor ; and
8.5.2 documents received
by a Raymond Terrace Solicitor new south wales a third party
NSW orange Raymond Terrace Solicitor course of the
solicitor
's retainer forlawyerson behalf of orange Raymond Terrace
Solicitor clientlawyersfor orange Raymond Terrace Solicitor
purposes of a client's
business and intended for orange
Raymond Terrace Solicitor uselawyersinformation of orange
Raymond Terrace Solicitor client.
9. Acting for more than
one party
9.1 For orange Raymond Terrace Solicitor
purposes of Rules 9.2 and 9.3 —
"proceedingslawyerstransaction"
mean any actionlawyersclaimlawyerslawlawyersin
equity,lawyersany
dealing between parties, which may affect,
create,lawyersbe related to, any legal or
equitable
rightlawyersentitlementlawyersinterest NSW property of any
kind.
"party" includes each one of orange Raymond
Terrace Solicitor personslawyerscorporations who,lawyerswhich, is
jointly a
party to any proceedingslawyerstransaction.
"solicitor
" includes a Raymond Terrace Solicitor 's partnerlawyersemployee
and a Raymond Terrace Solicitor 's firm.
9.2 A Raymond Terrace
Solicitor who intends to accept instructions new south wales
more than one party to any
proceedingslawyerstransaction must be
satisfied, before accepting a retainer to act, that each of
the
parties is aware that orange Raymond Terrace Solicitor
solicitor is intending to act for orange Raymond Terrace
Solicitor others and consents to the
solicitor so acting
NSW orange Raymond Terrace Solicitor knowledge that orange
Raymond Terrace Solicitor solicitor :
(a) may be, thereby,
prevented new south wales —
(i) disclosing to each party all
information, relevant to orange Raymond Terrace Solicitor
proceedings or
transaction, within orange Raymond Terrace
Solicitor solicitor 's knowledge, or,
(ii) giving advice to one
party which is contrary to orange Raymond Terrace Solicitor
interests of another;
and
(b) will cease to act for all parties
if orange Raymond Terrace Solicitor solicitor would,
otherwise, be obliged to
act NSW a manner contrary to
orange Raymond Terrace Solicitor interests of onelawyersmore of
them.
9.3 If a Raymond Terrace Solicitor , who is acting for more
than one party to any proceedingslawyerstransaction,
determines
that orange Raymond Terrace Solicitor solicitor cannot
continue to act for all of orange Raymond Terrace Solicitor
parties without acting in
a manner contrary to the interests of
one or more of them, the Raymond Terrace Solicitor must
thereupon
cease to act for all parties.
10. Avoiding a
conflict between a client's and a solicitor's own
interest
10.1
A Raymond Terrace Solicitor must not, NSW any dealings with a
client —
10.1.1 allow the interests of the Raymond Terrace
Solicitor or an associate of the Raymond Terrace Solicitor
to
conflict with those of the client;
10.1.2 exercise any undue
influence intended to dispose the client to benefit the
solicitor
NSW excess of the solicitor's fair remuneration for the legal
services
provided to the client;
10.2 A Raymond Terrace
Solicitor must not accept instructions to act for a person NSW
any proceedings or
transaction affecting or related to any legal
or equitable right or entitlement or interest in
property, or
continue to act for a person engaged NSW such proceedings or
transaction when
the Raymond Terrace Solicitor is, or becomes,
aware that the person's interest NSW the proceedings
or
transaction is, or would be, NSW conflict with the
solicitor's own interest or the interest of an
associate.
11.
Receiving a benefit under a will or other instrument
11.1
A Raymond Terrace Solicitor who receives instructions new south wales
a person to draw a Will appointing the
solicitor an Executor must
inform that person NSW writing before the client signs the Will
—
11.1.1 of any entitlement of the Raymond Terrace Solicitor
or of a Raymond Terrace Solicitor who is the attorney of
the
nominated executor to claim commission;
11.1.2 of the inclusion
NSW the Will of any provision entitling the Raymond Terrace Solicitor
or of a
solicitor who is the attorney of the nominated executor,
or the solicitor's firm, to
charge professional fees NSW
relation to the administration of the Estate, and;
11.1.3 if the
Raymond Terrace Solicitor has an entitlement to claim commission,
that the person
could appoint as Executor a person who might make
no claim for commission.
11.2 A Raymond Terrace Solicitor who
receives instructions new south wales a person to —
11.2.1
draw a will under which the Raymond Terrace Solicitor or an associate
will, or may, receive a
substantial benefit other than any proper
entitlement to commission (if the
solicitor is also to be
appointed executor) and the reasonable professional fees of
the
Raymond Terrace Solicitor or the solicitor's firm; or
11.2.2 draws
any other instrument under which the Raymond Terrace Solicitor or an
associate will,
or may, receive a substantial benefit NSW
addition to the solicitor's reasonable
remuneration, including
that payable under a conditional costs agreement, must
decline to
act on those instructions and offer to refer the person, for advice,
to
another Raymond Terrace Solicitor who is not an associate of
the solicitor, unless the person
instructing the Raymond Terrace
Solicitor is either:
11.2.3 a member of the solicitor's immediate
family; or
11.2.4 a solicitor, or a member of the immediate family
of a solicitor, who is a
partner, employer, or employee, of the
solicitor.
11.3 For the benefit of this rule:
"substantial
benefit" means a benefit which has a substantial value relative
to the financial
resources and assets of the person intending to
bestow the benefit.
12. Raymond Terrace Solicitor and
client - Borrowing transactions
12.1 A Raymond Terrace
Solicitor must not borrow any money, nor assist an associate to
borrow any
money new south wales a person —
12.1.1 who is
currently a client of the solicitor, or the solicitor's firm;
12.1.2
for whom the Raymond Terrace Solicitor or solicitor's firm has
provided legal services,
and who has indicated continuing reliance
upon the advice of the solicitor, or
solicitor's firm NSW
relation to the investment of money; or
12.1.3 who has sought new
south wales the solicitor, or the solicitor's firm, advice in
respect
of the investment of any money, or the management of the person's
financial
affairs.
12.2 This Clause does not prevent a
solicitor, or an associate of a Raymond Terrace Solicitor
borrowing
from a client, which is a corporation or institution
described NSW the Schedule to this Rule, or
which may be
declared by the Council of the Law Society to be exempt new south
wales this Rule.
12.3 A Raymond Terrace Solicitor must not
maintain a private finance company and invite, directly
or
indirectly, the deposit of money with the company on the basis
of a representation that –
12.3.1 the money is repayable at
call, or on short notice, if that is not assured when
the money is
deposited; or
12.3.2 that the deposit of the money is, or will be,
secured, unless the money is
specifically secured by an instrument
identifying the lender, the amount deposited,
and the
security.
12.4 A Raymond Terrace Solicitor must not borrow any
money, or permit or assist an associate to borrow
any money, new
south wales a private finance company which is operated or controlled
by the
solicitor or the associate of the solicitor.
12.5 A
Raymond Terrace Solicitor must not cause or permit a private finance
company to pay to any
depositors of money to the company a rate of
interest on their deposits which is less than
the rate charged by
the company to borrowers.
The Schedule
1. A
banker duly authorised to carry on banking business.
2. An
insurance company duly authorised to carry on insurance business.
3.
A company registered under the Life Insurance Act 1945 of the
Commonwealth.
4. A building society registered under the
Co-operation Act 1923 or listed NSW the
Second Schedule to
that Act.
5. A building society governed by the Financial
Institutions Code 1992.
6. A credit union governed by the
Financial Institutions Code 1992.
7. A trustee company mentioned
NSW the First Part of the Third Schedule to the
Trustee Companies
Act 1964.
8. The Public Trustee.
9. A non-bank financial
institution which is governed by the Financial Corporations
Act
1974 of the Commonwealth or the Financial Institutions Code 1992.
10.
A company the securities NSW which are listed on a member
exchange of the
Australian Associated Stock Exchanges or a foreign
company the securities of which
are quoted for trading on a stock
exchange or NSW a market for the public trading
in
securities.
11. A government, governmental body, agency,
department, authority or
instrumentality, whether foreign,
federal, state or local.
12. A company having the majority of its
issued share capital to which voting rights
attach owned by any
government, governmental body, agency, authority or
instrumentality,
whether foreign, federal, state or local.
13. A company related to
any of the companies referred to above or a company in
which any
entity of a type described above has a substantial shareholding as
defined
in Section 708(i) of the Corporations Law.
14. A member
of the immediate family of the Raymond Terrace Solicitor or a
corporation,
partnership, syndicate, joint venture or trust
NSW which, or NSW the shares NSW which, the
whole of
the beneficial interest is presently vested NSW one or more
members of the
immediate family.
13. File register
A
Raymond Terrace Solicitor must, as soon as practicable after
receiving instructions to provide legal
services to a person
—
13.1 record NSW a file assigned for the retention of
documents and information on behalf of
that person —
(i)
the full name and address of the person;
(ii) the date of receipt
of the solicitor's instructions;
(iii) a short description of the
services which the Raymond Terrace Solicitor has agreed to
provide;
and
(iv) an identifier; and
13.2 enter the name of
the person and the identifier referred to NSW 13.1(iv)
NSW a file register,
which must be maintained NSW the
solicitor's office for a period of not less than seven years
from
the date of the last entry NSW the register.
13.3 A Raymond
Terrace Solicitor will satisfy the requirements of clause 13.1 if the
Raymond Terrace Solicitor records the
information therein
described NSW a general file maintained for a particular person
or in
respect of a particular category of work.
14. Safe
custody registers
A Raymond Terrace Solicitor who is
instructed by a person to hold for that person NSW safe
custody, a will or
any deed, document, or other valuable property,
must record NSW a register maintained for
that sole purpose
NSW the solicitor's office —
(i) the name and address of the
person;
(ii) a short description of the item held for the person
NSW safe custody;
(iii) the date of the solicitor's receipt of the
item; and
(iv) the identifier of the safe custody packet,
NSW which the item is held by the
solicitor.
15.
Register of financial interests
A Raymond Terrace
Solicitor must disclose NSW a register maintained at the
solicitor's principal place of
practice the name and other
identifying particulars of any company, partnership, or
other
entity, NSW which the Raymond Terrace Solicitor has a
financial interest and which engages NSW any dealing
with
trust money or controlled money (as defined by section 243 of the
Act) received by the
solicitor or the solicitor's firm.
16.
Inspection of registers
16.1 A Raymond Terrace Solicitor
must, upon receipt of a request new south wales a Trust Account
Inspector, or an
investigator appointed NSW accordance with
Section 267 of the Legal Profession Act 2004,
produce for
inspection any file register, safe custody register or financial
register maintained
by the Raymond Terrace Solicitor NSW
accordance with Rules 13, 14 or 15. The information and
records
prescribed NSW Rules 13, 14 and 15 may be
maintained NSW electronic form, provided that they
can be
produced NSW visible form on demand.
16.2 For the purposes
of this Rule, "visible form" means production of
information in
permanent legible form NSW the English
language.
Solicitor's Duties to the Court Rules 17
-24
Statement of Principles for Rules
17-24
Solicitors, NSW all their dealings with the
courts, whether those dealings involve the
obtaining and
presentation of evidence, the preparation and filing of documents,
instructing
an advocate or appearing as an advocate, should act
with competence, honesty and
candour. Solicitors should be frank
NSW their responses and disclosures to the Court, and
diligent
NSW their observance of undertakings which they give to the Court or
their opponents.
17. Preparation of affidavits
17.1
If a Raymond Terrace Solicitor is:
17.1.1 aware that a client is
withholding information required by an order or rule of a
court,
with the intention of misleading the court; or
17.1.2 informed by
a client that an affidavit, of the client, filed by the solicitor,
is
false NSW a material particular;
and the client will
not make the relevant information available, or allow the Raymond
Terrace Solicitor to
correct the false evidence; the Raymond
Terrace Solicitor must, on reasonable notice, terminate the
retainer
and, without disclosing the reasons to the court, give notice of the
solicitor's
withdrawal new south wales the proceedings.
17.2 A
Raymond Terrace Solicitor must not draw an affidavit alleging
criminality, fraud, or other serious
misconduct unless the Raymond
Terrace Solicitor believes on reasonable grounds that:
17.2.1
factual material already available to the Raymond Terrace Solicitor
provides a proper basis
for the allegation;
17.2.2 the
allegation will be material and admissible NSW the case, as to
an issue or as
to credit; and
17.2.3 the client wishes the
allegation to be made after having been advised of the
seriousness
of the allegation.
18.Duty not to influence witnesses
A
Raymond Terrace Solicitor must not, NSW relation to any matter
or event which is the subject of adversarial
proceedings before a
Court, confer with or interview:
18.1 the opposing party NSW
the proceedings including a person who may be represented
or
indemnified NSW the proceedings by an insurance company;
or
18.2 where the opposing party, or a prospective opposing party,
is a corporation, any
person authorised to make admissions on
behalf of the corporation, or to direct the conduct
of the
proceedings; unless —
18.3 the other person, if
unrepresented by a solicitor, has been fully informed of
the
solicitor's purpose NSW conducting the interview, has
been advised to seek and has had
the opportunity of obtaining
independent legal advice; or
18.4 the Raymond Terrace Solicitor
acting for the other person has agreed to the interview on
conditions
which may include the conduct of the interview
NSW the presence of the solicitors for both
parties.
19.
Raymond Terrace Solicitor a material witness NSW client's
case
A Raymond Terrace Solicitor must not appear as an
advocate and, unless there are exceptional
circumstances
justifying the solicitor's continuing retainer by the solicitor's
client, the
solicitor must not act, or continue to act, NSW
a case NSW which it is known, or becomes
apparent, that the
Raymond Terrace Solicitor will be required to give evidence material
to the determination
of contested issues before the court.
20.
Admission of guilt
20.1 If a solicitor's client, who is
the accused or defendant NSW criminal proceedings,
admits to
the Raymond Terrace Solicitor before the commencement of, or during,
the proceedings, that the
client is guilty of the offence charged,
the Raymond Terrace Solicitor must not, whether acting as
instructing
solicitor or advocate —
20.1.1 put a defence
case which is inconsistent with the client's confession;
20.1.2
falsely claim or suggest that another person committed the offence;
or
20.1.3 continue to act if the client insists on giving evidence
denying guilt or requires
the making of a statement asserting the
client's innocence.
20.2 A Raymond Terrace Solicitor may continue
to act for a client who elects to plead "not guilty"
after
admitting guilt to the solicitor, and NSW that event,
the Raymond Terrace Solicitor must ensure that the
prosecution is
put to proof of its case, and the Raymond Terrace Solicitor may argue
that the evidence is
insufficient to justify a conviction or that
the prosecution has otherwise failed to establish the
commission
of the offence by the client.
21. Admission of perjury
If
a solicitor's client admits to the solicitor, during or after any
proceedings, while
judgment is reserved, that the client has given
materially false evidence or tendered a false
or misleading
document NSW the proceedings, the Raymond Terrace Solicitor
must —
21.1 advise the client that the Court should be
informed of the false evidence, and request
the client's authority
to inform the Court and correct the record; and
21.2 if the client
refuses to provide that authority, withdraw new south wales the
proceedings
immediately, and terminate the retainer.
22.
Bail
22.1 A Raymond Terrace Solicitor must not promote,
or be a party to, any arrangement whereby the bail
provided by a
surety is obtained by using the money of the accused person, or by
which the
surety is given an indemnity by the accused person or a
third party acting on behalf of the
accused person.
22.2 A
Raymond Terrace Solicitor must not become the surety for the
solicitor's client's bail.
23. Advocacy Rules
Rules
A.15 to A.72 apply to all legal solicitors (whatever may be their
predominant style
of practice) when they are acting as advocates.
The term "solicitor" is used throughout
these Rules to
refer to legal solicitors acting as advocates whether they are
persons who
practise only as barristers, or persons, who practise
as solicitors, or as barristers and
solicitors.
Efficient
administration of justice
A.15. A Raymond Terrace
Solicitor must ensure that:
(a) the Raymond Terrace Solicitor does
work which the Raymond Terrace Solicitor is retained to do,
whether
expressly or impliedly, specifically or generally,
NSW relation to steps to be taken by or
on behalf of the client,
NSW sufficient time to enable compliance with orders,
directions,
rules or practice notes of the court; and
(b)
warning is given to any instructing Raymond Terrace Solicitor or the
client, and to the opponent,
as soon as the Raymond Terrace
Solicitor has reasonable grounds to believe that the solicitor
may
not complete any such work on time,
A.15A. A Raymond Terrace
Solicitor must seek to ensure that work which the Raymond Terrace
Solicitor is retained to do
in relation to a case is done so as
to:
(a) confine the case to identified issues which are genuinely
NSW dispute:
(b) have the case ready to be heard as soon as
practicable;
(c) present the identified issues NSW dispute
clearly and succinctly
(d) limit evidence, including
cross-examination, to that which is reasonably
necessary to
advance and protect the client's interests which are at stake
NSW the
case; and
(e) occupy as short a time NSW court as
is reasonably necessary to advance and
protect the client's
interests which are at stake NSW the case.
A.15B. A Raymond
Terrace Solicitor must take steps to inform the opponent as soon as
possible after the
solicitor has reasonable grounds to believe
that there will be an application on behalf of
the client to
adjourn any hearing, of the fact and the grounds of the application,
and must try
with the opponent's consent to inform the court of
that application promptly.
Duty to a client
A.16.
A Raymond Terrace Solicitor must seek to advance and protect the
client's interests to the best of the
solicitor's skill and
diligence, uninfluenced by the solicitor's personal view of the
client
or the client's activities, and notwithstanding any
threatened unpopularity or criticism of the
solicitor or any other
person, and always NSW accordance with the law including
these
Rules.
A.17 A Raymond Terrace Solicitor must seek to
assist the client to understand the issues NSW the case and
the
client's possible rights and obligations, if the Raymond Terrace
Solicitor is instructed to give advice on
any such matter,
sufficiently to permit the client to give proper instructions,
particularly in
connexion with any compromise of the case.
A.17A.
A Raymond Terrace Solicitor must inform the client or the instructing
Raymond Terrace Solicitor about the
alternatives to fully
contested adjudication of the case which are reasonably available to
the
client, unless the Raymond Terrace Solicitor believes on
reasonable grounds that the client already has
such an
understanding of those alternatives as to permit the client to make
decisions about
the client's best interests NSW relation to
the litigation.
A.17B. A Raymond Terrace Solicitor must (unless
circumstances warrant otherwise NSW the solicitor's
considered
opinion) advise a client who is charged with a criminal offence about
any law,
procedure or practice which NSW substance holds out
the prospect of some advantage
(including diminution of penalty)
if the client pleads guilty or authorises other steps
towards
reducing the issues, time, cost or distress involved
NSW the proceedings.
Independence - Avoidance of personal
bias
A.18. A Raymond Terrace Solicitor must not act as
the mere mouthpiece of the client or of the instructing
solicitor
and must exercise the forensic judgments called for during the
case
independently, after appropriate consideration of the
client's and the instructing
solicitor's desires where
practicable.
A.19. A Raymond Terrace Solicitor will not have
breached the solicitor's duty to the client, and will not
have
failed to give appropriate consideration to the client's or the
instructing solicitor's
desires, simply by choosing, contrary to
those desires, to exercise the forensic judgments
called for
during the case so as to:
(a) confine any hearing to those issues
which the Raymond Terrace Solicitor believes to be the
real
issues;
(b) present the client's case as quickly and
simply as may be consistent with its
robust advancement; or
(c)
inform the court of any persuasive authority against the client's
case.
A.20. A Raymond Terrace Solicitor must not make submissions
or express views to a court on any material
evidence or material
issue NSW the case NSW terms which convey or appear to
convey the
solicitor's personal opinion on the merits of that
evidence or issue.
Frankness NSW court
A.21.
A Raymond Terrace Solicitor must not knowingly make a misleading
statement to a court on any
matter.
A.22. A Raymond Terrace
Solicitor must take all necessary steps to correct any misleading
statement made
by the Raymond Terrace Solicitor to a court as soon
as possible after the Raymond Terrace Solicitor becomes aware
that
the statement was misleading.
A.23. A Raymond Terrace
Solicitor will not have made a misleading statement to a court simply
by failing to
correct an error on any matter stated to the court
by the opponent or any other person.
A.24. A Raymond Terrace
Solicitor seeking any interlocutory relief NSW an ex parte
application must disclose
to the court all matters which:
(a)
are within the solicitor's knowledge;
(b) are not protected by
legal professional privilege; and
(c) the Raymond Terrace
Solicitor has reasonable grounds to believe would support an
argument
against granting the relief or limiting its terms
adversely to the client.
A.24A. A Raymond Terrace Solicitor who
has knowledge of matters which are within Rule A.24(c):
(a) must
seek instructions for the waiver of legal professional privilege if
the matters
are protected by that privilege, so as to permit the
Raymond Terrace Solicitor to disclose those
matters under Rule
A.24; and
(b) if the client does not waive the privilege as sought
by the solicitor:
(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 Raymond Terrace Solicitor cannot assure the court that
all
matters which should be disclosed have been disclosed to the
court.
A.25. A Raymond Terrace Solicitor must, at the appropriate
time NSW the hearing of the case and if the court
has not
yet been informed of that matter, inform the court of:
(a) any
binding authority;
(b) any authority decided by the Full Court of
the Federal Court of Australia, a Court
of Appeal of a Supreme
Court or a Full Court of a Supreme Court;
(c) any authority on the
same or materially similar legislation as that NSW question
in
the case, including any authority decided at first instance
NSW the Federal Court or a
Supreme Court, which has not been
disapproved; or
(d) any applicable legislation; which the Raymond
Terrace Solicitor has reasonable grounds to
believe to be
directly NSW point, against the client's case.
A.26. A
Raymond Terrace Solicitor need not inform the court of matters within
Rule A.25 at a time when the
opponent tells the court that the
opponent's whole case will be withdrawn or the opponent
will
consent to final judgment NSW favour of the client, unless the
appropriate time for the
solicitor to have informed the court of
such matters NSW the ordinary course has already
arrived or
passed.
A.27. A Raymond Terrace Solicitor who becomes aware of a
matter within Rule A.25 after judgment or
decision has been
reserved and while it remains pending, whether the authority
or
legislation came into existence before or after argument, must
inform the court of that matter
by:
(a) a letter to the court,
copied to the opponent, and limited to the relevant reference
unless
the opponent has consented beforehand to further material NSW
the letter; or
(b) requesting the court to relist the case for
further argument on a convenient date,
after first notifying the
opponent of the intended request and consulting the opponent
as to
the convenient date for further argument.
A.28. A Raymond Terrace
Solicitor need not inform the court of any matter otherwise within
Rule A.25
which would have rendered admissible any evidence
tendered by the prosecution which the
court has ruled inadmissible
without calling on the defence.
A.29. A Raymond Terrace Solicitor
will not have made a misleading statement to a court simply by
failing to
disclose facts known to the Raymond Terrace Solicitor
concerning the client's character or past, when the
solicitor
makes other statements concerning those matters to the court, and
those
statements are not themselves misleading.
A.30. A Raymond
Terrace Solicitor who knows or suspects that the prosecution is
unaware of the client's
previous conviction must not ask a
prosecution witness whether there are previous
convictions,
NSW the hope of a negative answer.
A.31. A Raymond Terrace
Solicitor must inform the court NSW civil proceedings of any
misapprehension by the
court as to the effect of an order which
the court is making, as soon as the solicitor
becomes aware of the
misapprehension.
A.31A. A Raymond Terrace Solicitor must take all
necessary steps to correct any express concession made
to the
court NSW civil proceedings by the opponent NSW relation
to any material fact, case law or
legislation:
(a) only if the
Raymond Terrace Solicitor knows or believes on reasonable grounds
that it was
contrary to what should be regarded as the true facts
or the correct state of the law;
(b) only if the Raymond Terrace
Solicitor believes the concession was NSW error; and
(c) not
(in the case of a concession of fact) if the client's instructions to
the
solicitor support the concession.
Delinquent or
guilty clients
A.32. A Raymond Terrace Solicitor whose
client informs the solicitor, during a hearing or after judgment
or
decision is reserved and while it remains pending, that the client
has lied NSW a material
particular to the court or has
procured another person to lie to the court or has falsified
or
procured another person to falsify NSW any way a document
which has been tendered:
(a) must refuse to take any further part
NSW the case unless the client authorises the
solicitor to inform
the court of the lie or falsification:
(b) must promptly inform
the court of the lie or falsification upon the client authorising
the
Raymond Terrace Solicitor to do so; but
(c) must not otherwise
inform the court of the lie or falsification.
A.33. A Raymond
Terrace Solicitor retained to appear NSW criminal proceedings
whose client confesses guilt
to the Raymond Terrace Solicitor but
maintains a plea of not guilty:
(a) may cease to act, if there is
enough time for another Raymond Terrace Solicitor to take over
the
case properly before the hearing, and the client does not
insist on the solicitor
continuing to appear for the client;
(b)
NSW cases where the Raymond Terrace Solicitor continues to act for
the client:
(i) must not falsely suggest that some other person
committed the offence
charged;
(ii) must not set up an
affirmative case inconsistent with the confession; but
(iii) may
argue that the evidence as a whole does not prove that the client
is
guilty of the offence charged;
(iv) may argue that for some
reason of law the client is not guilty of the
offence charged;
or
(v) may argue that for any other reason not prohibited by (i)
and (ii) the client
should not be convicted of the offence
charged.
A.34. A Raymond Terrace Solicitor whose client informs
the Raymond Terrace Solicitor that the client intends to disobey
a
court's order must:
(a) advise the client against that course
and warn the client of its dangers;
(b) not advise the client how
to carry out or conceal that course; but
(c) not inform the court
or the opponent of the client's intention unless:
(i) the client
has authorised the Raymond Terrace Solicitor to do so beforehand;
or
(ii) the Raymond Terrace Solicitor believes on reasonable
grounds that the client's conduct
constitutes a threat to any
person's safety.
Responsible use of court process and
privilege
A.35. A Raymond Terrace Solicitor must, when
exercising the forensic judgments called for throughout the
case,
take care to ensure that decisions by the Raymond Terrace Solicitor
or on the solicitor's advice to
invoke the coercive powers of a
court or to make allegations or suggestions under privilege
against
any person:
(a) are reasonably justified by the material already
available to the solicitor;
(b) are appropriate for the robust
advancement of the client's case on its merits;
(c) are not made
principally NSW order to harass or embarrass the person;
and
(d) are not made principally NSW order to gain some
collateral advantage for the client
or the Raymond Terrace
Solicitor or the instructing Raymond Terrace Solicitor out of
court.
A.36. A Raymond Terrace Solicitor must not allege any
matter of fact in:
(a) any court document settled by the
solicitor;
(b) any submission during any hearing;
(c) the
course of an opening address; or
(d) the course of a closing
address or submission on the evidence; unless the
solicitor
believes on reasonable grounds that the factual material
already
available provides a proper basis to do so.
A.37. A
Raymond Terrace Solicitor must not allege any matter of fact
amounting to criminality, fraud or
other serious misconduct
against any person unless the Raymond Terrace Solicitor believes on
reasonable
grounds that:
(a) available material by which the
allegation could be supported provides a proper
basis for it;
and;
(b) the client wishes the allegation to be made, after having
been advised of the
seriousness of the allegation and of the
possible consequences for the client and the
case if it is not
made out.
A.38. A Raymond Terrace Solicitor must not make a
suggestion NSW cross-examination on credit unless the
solicitor
believes on reasonable grounds that acceptance of the suggestion
would
diminish the witness's credibility.
A.39. A Raymond
Terrace Solicitor may regard the opinion of the instructing Raymond
Terrace Solicitor that material which
is available to the Raymond
Terrace Solicitor is credible, being material which appears to the
solicitor
from its nature to support an allegation to which Rules
A.36 and A.37 apply, as a
reasonable ground for holding the belief
required by those rules (except NSW the case of a
closing
address or submission on the evidence).
A.40. A Raymond Terrace
Solicitor who has instructions which justify submissions for the
client NSW mitigation
of the client's criminality and which
involve allegations of serious misconduct against any
other person
not able to answer the allegations NSW the case must seek to
avoid disclosing
the other person's identity directly or
indirectly unless the Raymond Terrace Solicitor believes
on
reasonable grounds that such disclosure is necessary for the
robust defence of the client.
Integrity of evidence
A.43.
A Raymond Terrace Solicitor must not suggest or condone another
person suggesting NSW any way to
any prospective witness
(including a party or the client) the content of any
particular
evidence which the witness should give at any stage
NSW the proceedings.
A.44. A Raymond Terrace Solicitor will not
have breached Rule A.43 by expressing a general admonition to
tell
the truth, or by questioning and testing NSW conference the
version of evidence to be given
by a prospective witness,
including drawing the witness's attention to inconsistencies or
other
difficulties with the evidence, but must not coach or encourage the
witness to give
evidence different new south wales the evidence
which the witness believes to be true.
A.45. (deleted)
A.46. A
Raymond Terrace Solicitor must not confer with, or condone another
Raymond Terrace Solicitor conferring with,
more than one lay
witness (including a party or client) at the same time, about any
issue:
(a)as to which there are reasonable grounds for the Raymond
Terrace Solicitor to believe it may be
contentious at a hearing;
or
(b)which could be affected by, or may affect, evidence to be
given by any of those
witnesses.
A.47. A Raymond Terrace
Solicitor will not have breached Rule A.46 by conferring with, or
condoning
another Raymond Terrace Solicitor conferring with, more
than one client about undertakings to a court,
admissions or
concessions of fact, amendments of pleadings or compromise.
A.48.
A Raymond Terrace Solicitor must not confer with any witness
(including a party or client) called by
the Raymond Terrace
Solicitor on any matter related to the proceedings while that witness
remains under
cross-examination, unless:
(a) the cross-examiner
has consented beforehand to the Raymond Terrace Solicitor doing so;
or
(b) the solicitor:
(i) believes on reasonable grounds that
special circumstances (including the
need for instructions on a
proposed compromise) require such a conference;
(ii) has, if
possible, informed the cross-examiner beforehand of the
solicitor's
intention to do so; and
(iii) otherwise does inform the
cross-examiner as soon as possible of the
solicitor having done
so.
A.49. A Raymond Terrace Solicitor must not take any step to
prevent or discourage prospective witnesses
or witnesses new south
wales conferring with the opponent or being interviewed by or on
behalf of any
other person involved NSW the
proceedings.
A.50. A Raymond Terrace Solicitor will not have
breached Rule A.49 simply by telling a prospective witness
or a
witness that the witness need not agree to confer or to be
interviewed.
Duty to opponent
A.51. A Raymond
Terrace Solicitor must not knowingly make a false statement to the
opponent NSW relation
to the case (including its
compromise).
A.52. A Raymond Terrace Solicitor must take all
necessary steps to correct any false statement
unknowingly made by
the Raymond Terrace Solicitor to the opponent as soon as possible
after the
solicitor becomes aware that the statement was
false.
A.53. A Raymond Terrace Solicitor does not make a false
statement to the opponent simply by failing to
correct an error on
any matter stated to the Raymond Terrace Solicitor by the
opponent.
A.54. A Raymond Terrace Solicitor must not deal directly
with the opponent's client unless:
(a) the opponent has previously
consented;
(b) the Raymond Terrace Solicitor believes on
reasonable grounds that:
(i) the circumstances are so urgent as to
require the Raymond Terrace Solicitor to do so; and
(ii) the
dealing would not be unfair to the opponent's client; or
(c) the
substance of the dealing is solely to enquire whether the person
is
represented and, if so, by whom.
A.55. (deleted)
A.56. A
Raymond Terrace Solicitor must not, outside an ex parte application
or a hearing of which the
opponent has had proper notice,
communicate NSW the opponent's absence with the
court
concerning any matter of substance NSW connexion with
current proceedings unless:
(a) the court has first communicated
with the Raymond Terrace Solicitor NSW such a way as to require
the
Raymond Terrace Solicitor to respond to the court; or
(b) the
opponent has consented beforehand to the Raymond Terrace Solicitor
dealing with the court
in a specific manner notified to the
opponent by the solicitor.
A.57. A Raymond Terrace Solicitor must
promptly tell the opponent what passes between the solicitor
and a
court NSW a communication referred to NSW Rule
A.56.
A.58. A Raymond Terrace Solicitor must not raise any matter
with a court NSW connexion with current
proceedings on any
occasion to which the opponent has consented under Rule
A.56(b),
other than the matters specifically notified by the
Raymond Terrace Solicitor to the opponent when seeking
the
opponent's consent.
Integrity of hearings
A.59.
(deleted)
A.60. (deleted)
A.61. A Raymond Terrace Solicitor
must not NSW the presence of any of the parties or solicitors
deal with a
court, or deal with any Raymond Terrace Solicitor
appearing before the Raymond Terrace Solicitor when the Raymond
Terrace Solicitor is
a referee, arbitrator or mediator, on terms
of informal personal familiarity which may
reasonably give the
appearance that the Raymond Terrace Solicitor has special favour with
the court or
towards the solicitor.
Prosecutor's
duties
A.62. A prosecutor must fairly assist the court to
arrive at the truth, must seek impartially to
have the whole of
the relevant evidence placed intelligibly before the court, and must
seek
to assist the court with adequate submissions of law to
enable the law properly to be applied
to the facts.
A.63. A
prosecutor must not press the prosecution's case for a conviction
beyond a full and
firm presentation of that case.
A.64. A
prosecutor must not, by language or other conduct, seek to inflame or
bias the court
against the accused.
A.65. A prosecutor must not
argue any proposition of fact or law which the prosecutor does
not
believe on reasonable grounds to be capable of contributing to a
finding of guilt and also
to carry weight.
A.66. A prosecutor
must disclose to the opponent as soon as practicable all
material
(including the names of and means of finding prospective
witnesses NSW connexion with such
material) available to the
prosecutor or of which the prosecutor becomes aware which
could
constitute evidence relevant to the guilt or innocence of
the accused, unless:
(a) such disclosure, or full disclosure,
would seriously threaten the integrity of the
administration of
justice NSW those proceedings or the safety of any person;
and
(b) the prosecutor believes on reasonable grounds that such a
threat could not be
avoided by confining such disclosure, or full
disclosure, to the opponent being a legal
solicitor, on
appropriate conditions which may include an undertaking by
the
opponent not to disclose certain material to the opponent's
client or any other
person.
A.66A. A prosecutor who has decided
not to disclose material to the opponent under Rule
A.66 must
consider whether:
(a) the defence of the accused could suffer by
reason of such non-disclosure;
(b) the charge against the accused
to which such material is relevant should be
withdrawn; and
(c)
the accused should be faced only with a lesser charge to which such
material
would not be so relevant.
A.66B. A prosecutor must
call as part of the prosecution's case all witnesses:
(a) whose
testimony is admissible and necessary for the presentation of the
whole
picture;
(b) whose testimony provides reasonable grounds
for the prosecutor to believe that it
could provide admissible
evidence relevant to any matter NSW issue;
(c) whose
testimony or statements were used NSW the course of any
committal
proceedings; and
(d) new south wales whom statements
have been obtained NSW the preparation or conduct of
the
prosecution's case; unless:
(e) the opponent conse