LLB197 Lecture Notes - Lecture 9: Well-Founded Relation, Fax, Fide
Document Summary
Lawyer"s duty to other members of the profession & third parties. Lawyers owe a duty or courtesy, fairness and honesty towards other members of the profession (r4. 1. 2) and to third parties - Consistent with public interest - must be professional respect. A lawyer who adopts an offensive or provocative stance may actually be hurting their clients case e. g. it may destroy the opportunity for negotiation of a settlement. Not knowingly make a false statement to opponent in relation to the case r 22: legal services commissioner v mullins [2006] Take all necessary steps to correct false statement unknowingly made as soon as possible. Not false statement to not correct an opponents error r22. 3. Difference between forceful and vigorous advocacy" and acting in a discourteous manner. Threating to report the opposition for professional misconduct discourteous to do so without evidentiary basis: uniform conduct rules (solicitors) r 32. 1. Not allege unreasonable misconduct allegations r 32. Negotiation: dealing with other persons uniform rules.
