Duties of Representation
Duty to act
Duty to be competent
Duty to inform
Duty to obey instructions
Duty to preserve client confidentiality
Duty to be loyal
Duties as part of lawyer/client relationship
Retainer and Costs agreement
Dietrich v The Queen - Right to a fair trial
Cab rank rule (Barristers only)
Duty to continue to act - ASCR 13.1
A legal services contract between the lawyer and the client
Should clarify the scope of the legal work to be undertaken,
The following should be made expressly clear:
- Identity of the client and the lawyer
- Who is providing instructions
- The service to be provided
- Scope of lawyer's authority
- Method and amount of charging
QBA rr 21, 22
A barrister MUST accept a brief from a solicitor to appear before a court in which the barrister practises or professes to practice if:
the brief is within the barristers skills and experience
the fee is acceptable
they would be available
the barrister is not obliged to refuse the brief
QBA rr 95, 97 98 provide for exceptions for the cab rank rule
A solicitor with designated responsibility for clients matters must ensure completion of the legal services of that matter UNLESS:
The client has agreed otherwise
the law practice is discharged from the engagement by the client
the law practice terminates the engagement for just cause and on reasonable notice
the engagement comes to an end by an operation of law
served written notice, a reasonable time before the commencement of sittings, providing the client has 7 days to make satisfactory arrangements
Breach
May result in action under the Act
Returning a brief rr 95 - 106
Client rights to choose and dismiss counsel
On the advice of solicitor
Unpopular and repugnant clients