- CPD Points: 1 [E]
- Price: $77.00
- Area: Advocacy; Criminal Law; Litigation; Professional Negligence (general)
- Delivered: November 2021
Digital Content
- Recording (Audio only)
- Materials: Paper
To purchase login below
Description
The Honourable Justice Stephen Estcourt AM presents a session on ethics and court appearances that was delivered at the Litigation Conference 2021.
Justice Estcourt states, in order to give a glimpse of the blindingly obvious, this session commences by stating that a lawyer's ethical responsibilities in the practice of advocacy spring from his or her paramount and overriding duty to the Court, as an officer of the court, but include conduct commencing well before entering the courtroom.
This paramount duty to the Court is now enshrined as rule 7 of the Legal Profession (Solicitor's Conduct) Rules 2020 ("the Rules"), found under Part 2 under the heading "Division 2 – Fundamental duties of solicitors". The Rules define the term solicitor as an Australian legal practitioner who practises as or in the manner of a solicitor, but in this state solicitor advocates are of course an entrenched part of our system.
Although the Rules codify solicitor's ethical duties, their sources should first be acknowledged, notwithstanding they were developed with regard largely to barristers. Moreover there are ethical obligations which apply to both solicitor advocates and barristers which are not dealt with specifically in the Rules.
The key takeaways from the session should be, first that while all solicitors will have read the Rules, observing them in practice, can prove to be difficult for anyone. Any attempt at a comprehensive written codification of ethical obligations is likely to prove problematic as real ethical dilemmas are invariably subtle and nuanced.
Second, while clients are entitled to express their wishes about the conduct of a case and are entitled to an explanation as to what is being done and why, it is improper for a lawyer to act as the mere mouthpiece of a client in court or pursue hopeless cases.
- CPD Points: 1 [E]
- Price: $77.00
- Area: Advocacy; Criminal Law; Litigation; Professional Negligence (general)
- Delivered: November 2021
Digital Content
- Recording (Audio only)
- Materials: Paper
To purchase login below
Description
The Honourable Justice Stephen Estcourt AM presents a session on ethics and court appearances that was delivered at the Litigation Conference 2021.
Justice Estcourt states, in order to give a glimpse of the blindingly obvious, this session commences by stating that a lawyer's ethical responsibilities in the practice of advocacy spring from his or her paramount and overriding duty to the Court, as an officer of the court, but include conduct commencing well before entering the courtroom.
This paramount duty to the Court is now enshrined as rule 7 of the Legal Profession (Solicitor's Conduct) Rules 2020 ("the Rules"), found under Part 2 under the heading "Division 2 – Fundamental duties of solicitors". The Rules define the term solicitor as an Australian legal practitioner who practises as or in the manner of a solicitor, but in this state solicitor advocates are of course an entrenched part of our system.
Although the Rules codify solicitor's ethical duties, their sources should first be acknowledged, notwithstanding they were developed with regard largely to barristers. Moreover there are ethical obligations which apply to both solicitor advocates and barristers which are not dealt with specifically in the Rules.
The key takeaways from the session should be, first that while all solicitors will have read the Rules, observing them in practice, can prove to be difficult for anyone. Any attempt at a comprehensive written codification of ethical obligations is likely to prove problematic as real ethical dilemmas are invariably subtle and nuanced.
Second, while clients are entitled to express their wishes about the conduct of a case and are entitled to an explanation as to what is being done and why, it is improper for a lawyer to act as the mere mouthpiece of a client in court or pursue hopeless cases.
The Honourable Justice Stephen Estcourt AM, Supreme Court of Tasmania
About the Presenter:
The Honourable Justice Stephen Estcourt AM was admitted to the practice of law in 1976 and took silk in 1998. As a QC he practised extensively in the civil and criminal jurisdictions of the Supreme Court of Tasmania and in the Federal and High Courts of Australia. His Honour is a strong proponent of tolerance and racial harmony through pro bono work and multiculturalism. In particular, his work in the areas of human rights and immigration policy has attracted national acknowledgement and His Honour was a Tasmanian State Finalist for the Australian of the Year awards in 2012.
Justice Estcourt has served as a Magistrate and Deputy President of the Commonwealth Appeals Tribunal, established the RMPAT for the Tasmanian Government and was appointed a judge of the Supreme Court of Tasmania in 2013.
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