C2. Behaving ethically

Question 1

What is the outcome of oC6?

Answer 1

Those regulated by the BSB maintain standard of honesty, integrity and independence and are seen as so doing.

Question 2

What does oC7 say?

Answer 2

The proper administration of justice, access to justice and the best interests of clients are served.

Question 3

What is the outcome of oC8

Answer 3

those regulated by the BSB don’t discriminate unlawfully and take appropriate steps to prevent discrimination occurring in their practices.

Question 4

What is the outcome of oC9?

Answer 4

Those regulated by the BSB and clients understand the obligiations of honesty, integrity and independence.

Question 5

What does rC8 stay in relation to CD3 and CD4?

Answer 5

You mustn’t do anything which could reasonably be seen by the public to undermine your honesty, integrity and independence.

Question 6

Name the 7 requirements in which must be in your duty to act with honesty and integrity under CD3?

Answer 6

1. you must not knowingly or recklessly mislead or attempt to mislead anyone.
2. you mustn’t draft any statement of case, witness statement affidavit or other document containing:
   a. any statement of fact/ contention which isn’t supported by your client or by your instructions.
   b. any contention which you don’t consider to be properly arguable.
   c. any allegation of fraud, unless you have clear instructions to allege fraud and you have reasonably credible material which establishes an arguable case of fraud.
   d. any statement of fact other than the evidence which you reasonably believe the witness would give if the witness were giving evidence orally.
3. you must not encourage a witness to give evidence which is misleading or untruthful.
4. you mustn’t rehearse, practice with or coach a witness in respect of their evidence.
5. Unless you have permission of the representative for the opposing side or of the court, you mustn’t communicate with any witness about the case whilst the witness is giving evidence.
6. you mustn’t make or offer to make payments to any witness which are contingent on their evidence or on the outcome of the case.
7. you must only propose or accept fee arrangements which are legal.

Question 7

TRUE OR FALSE:
under Gc14, Your honesty, integrity and independence are fundamental. The interests of justice (CD1) and the client’s best interests (CD2) can
only be properly served, and any conflicts between the two properly resolved, if you conduct yourself honestly and maintain your
independence from external pressures, as required by CD3 and CD4. You should also refer to Rule rC16 which subjects your duty to
act in the best interests of your client (CD2) to your observance of CD3 and CD4, as well as to your duty to the court (CD1).

Answer 7

TRUE

Question 8

TRUE OR FALSE:
Under gC15, Other rules deal with specific aspects of your obligation to act in your client’s best interests (CD2) while maintaining honesty,
integrity (CD3) and independence (CD4), such as rule rC21.10 (not acting where your independence is compromised), rule rC10 (not
paying or accepting referral fees) and rC21 (not acting in circumstances of a conflict of interest or where you risk breaching one
client’s confidentiality in favour of another’s).

Answer 8

TRUE

Question 9

Under gC16, what does it further explain in relation to rC8?

Answer 9

rC8 address how your conduct is perceived by the public. Conduct on your part which the public may reasonably perceive as undermining your honesty, integrity or independence is likely to diminish the trust and confidence which the public places in you or in the profession in breach of CD5. Rule C9 is not exhaustive of the ways in which CD5 may be breached.