Queensland Bar Ethics Practice Exam

These questions are part of the practice quiz. Start practicing

• Devilling is addressed by which rule?
• Is a barrister obliged to accept a direct brief?
• Under Rules 80-81, when may a barrister advise the police or other authorities?
• Must a barrister disclose adverse authorities even if they are unfavorable to their case?
• If your client confesses guilt but insists on pleading not guilty, what should you do?
• What describes the process to void a costs agreement if it is not fair or reasonable?
• When advising a client, what should a barrister provide in writing about the prosecution case and consequences?
• What might be included in the consequences of professional misconduct beyond disciplinary action?
• What is the ethical expectation in settlement negotiations per Mullins v Mullins?
• What is the starting point for accepting a brief to appear from a solicitor?
• In multi-jurisdictional work, what is the recommended approach to ethical questions?
• To whom may grossly excessive costs be referred?
• In Tri-Star Petroleum v Australia Pacific LNG, what is the default position on undertakings regarding confidential information?
• What should a barrister do if asked to participate in wrongdoing?
• How should a barrister maintain independence from instructing solicitors and clients?
• Rule 45 prohibits which conduct?
• What should a barrister do if a potential conflict is disclosed after engagement?
• Which action by a lawyer could give rise to tort liability to a third party?
• If a client offers a financial incentive to obtain favorable treatment, this would be considered what?
• What is the key principle from Bale v Mills about submitting material after a hearing?
• In handling confidential information about ongoing matters, what is expected?
• When may a party make further submissions after a hearing in VirginTel v Zabusky?
• What must a barrister refrain from doing when dealing with unrepresented parties?
• What is the proper channel for communicating settlement offers to the represented party?
• Lawyers may owe fiduciary duties to non-clients if the facts support it. Which statement best expresses this principle?
• If there is an unavoidable financial relationship that could create a conflict, what action is required?
• What is the rule about ex parte communications with the judge?
• When a client requests an itemised bill, what are the timeframes?
• Which area requires special caution when questioning and has specific guidance?
• What are the consequences of professional misconduct?
• Interim bills: when are they assessable?
• Which statement is true about informing the client about litigation alternatives?
• How may a costs agreement be provided?
• If a client denies guilt but wants to plead guilty, which statement is correct?
• When ethics concerns arise in protracted or complex proceedings, which steps should a barrister take?
• What should a barrister do to protect client interests in trust accounting?
• In confidentiality undertakings, what is the usual protection for confidential information disclosed in proceedings?
• After accepting a direct brief, what must a barrister do?
• Which action is required if you realize a potential conflict of interest when representing multiple parties and Rule 108 applies?
• When does an actual conflict of interest exist for a barrister?
• If ethics guidance is ambiguous, what is the recommended approach?
• If a client denies guilt but wants to plead guilty, which approach is correct?
• Which section of the Legal Profession Act authorizes the Bar Association to make rules?
• Which statement correctly describes the exceptions to the ban on communicating with a judge's chambers in Ken Tugrul v Tarrants Financial Consultants?
• If a barrister is briefed, to whom must sufficient information be disclosed to enable compliance with obligations to inform the client about the barrister's practice?
• Which statement about handling communications via a non-client intermediary is recommended?
• How should file transfers be handled when changing practitioners?
• If a client attempts to influence the barrister to misrepresent the case to the court, which action is most appropriate?
• Under which circumstances may a barrister communicate with the court about a matter of substance in the absence of the opponent?
• Which statement reflects the duty of candour in the presentation of the facts?
• What is the four-step method for answering ethics questions as described in the source?
• Which duty requires a barrister to inform the client if they cannot comply with court timelines or complete work promptly?
• Which course of action is described as appropriate when ethics concerns arise during a protracted matter?
• How should a barrister manage client expectations about outcomes and costs?
• When a barrister is directly briefed, what must be disclosed?
• Rule 12 prohibits which behavior?
• Before accepting instructions, how should a barrister respond to a potential conflict?
• Which statement reflects the duty of candour in the presentation of the law?
• Are barristers allowed to testify in a case in which they are also counsel?
• What does Bale v Mills say about rights to argument once a matter is reserved?
• Are testimonials permitted for barristers?
• What is the rule about direct solicitation of clients?
• The disclosures to the client must include what?
• Rule 14 prohibits using the barrister's qualification for which purpose?
• What is allowed when testing a witness's evidence in conference?
• What liability can equity impose on a lawyer for a client's breach of fiduciary duty?
• When may you communicate with the court in the absence of the opponent about a substantive matter?
• From which sources does the duty of confidentiality owed to clients primarily arise?
• What activities are included in the scope of work for a barrister under Rule 15-19?
• What is the principle behind maintaining professional independence from commercial interests?
• Under what condition may barristers act for two clients with a common interest in the same matter?
• Rule 35 states that a barrister must not ask a prosecution witness about what?
• What is expected regarding accessibility and inclusivity in barristers’ practice?
• Which of the following best describes Rule 24?
• Which statement is true about the documentation after accepting a direct brief?
• What is candour to the court?
• If a case has cross-border elements, what is the expected approach?
• What is the principle regarding personal animosity between clients or lawyers?
• Before appearing on a direct brief, what must a barrister do regarding paperwork?
• Which rule states the exception to returning a brief when defending a serious criminal offence?
• Under Rule 108 confidentiality, which of the following is NOT a permitted disclosure?
• How should a barrister handle communications made through a non-client intermediary?
• What does the Bar Ethics framework say about independence from commercial pressures?
• What action should a barrister take if asked to present false evidence?
• Can a barrister communicate directly with the other party when they are represented?
• What is the rule for proofs of evidence for lay witnesses in Day v Perisher Blue?
• Which rule enables the court to order the costs of the application?
• If a lawyer discovers a false statement was made, what must they do?
• Are barristers allowed to act for two clients with a common interest in the same matter?
• What is the duty regarding client confidences?
• Which statement best reflects Rule 13?
• What is the approach to conflicts of interest when there are financial ties with clients?
• Which statement about privilege waiver is correct?
• Which action constitutes coaching a witness and is prohibited?
• How can a costs agreement be enforced?
• In family law, which principle is described as paramount?
• Under Rule 17, which work is prohibited unless the barrister is acting in a private capacity?
• When a costs agreement is set aside, what may the court order regarding costs?
• What is the significance of continuing education for ethics in Queensland?
• What is legal professional privilege?
• In defending a client, what is prudent regarding advice and instructions?
• If you suspect your client is guilty, what should you do?
• What should a barrister do when a representation ends to protect confidentiality?
• Which rule requires the barrister to be a sole practitioner?
• Which statement about confidentiality and former clients is correct?
• During cross-examination, what is the rule about conferring with a witness?
• How should a barrister ensure ethics when making social media statements about ongoing matters?
• What are the four exceptions to the general ban on communications with a judge's chambers?
• Which advertising claim would breach ethical guidelines?
• What is the duty regarding confidentiality in settlements?
• What is the rule about conferring with lay witnesses about substantive issues?
• How should a barrister handle settlement discussions when the other side is represented?
• Under Rule 81, when may a barrister advise the police or other authorities despite confidentiality rules?
• How should a barrister handle communications with a represented party about settlement offers?
• What is the rule about facilitating or participating in wrongdoing?
• A barrister may use forensic judgment contrary to the client's wishes if necessary.
• Which is a core principle of a barrister's duties?
• What is the Bar Ethics framework's requirement regarding misrepresentation of the law?
• Undertakings are addressed to whom in this context?
• Which activity is permissible non-solicitous advertising about practice areas?
• How should a barrister respond when a client asks for accommodation that compromises ethics?
• The duty to maintain professional competence requires which of the following?
• If a lawyer charges interest on unpaid costs, what must be included in the bill?
• What may a lawyer tell a witness regarding dealing with other parties?
• How should a barrister handle complaints or disciplinary actions?
• Regarding disclosure of previous convictions, which statement is correct?
• Which statement best demonstrates candour to the court?
• When handling cross-jurisdictional practice, how should a barrister approach applicable rules and guidance?
• Why is independence important when following solicitor's instructions?
• How should a barrister approach ethical decision-making in high-pressure cases?
• Which rules govern when briefs may be returned?
• Where are the rules for disclosure located?
• What is the purpose of conflicts checks in practice?
• Rule 46 forbids which behavior?
• When a costs agreement is set aside, may the court order an amount exceeding what would have been payable under the agreement if it had not been set aside?
• How should a barrister approach pro bono work?
• Under Rule 78, what must a barrister do if informed during the case that the client lied before judgment?
• Under Rule 47, when may a barrister receive a loan from a client?
• The Cab Rank Rule is covered by which rules?
• In general, which statement best reflects the principle of independence for barristers?
• During a hearing, if misconduct by the client or a witness is discovered and a decision is pending, which statement correctly reflects the duty if the client authorizes informing the court?
• Which statement best supports professional integrity in practice?
• Which statement best summarizes the rules for disclosure?
• Which of the following is NOT a key category of duties a barrister owes to the court?
• What is the overarching duty of a criminal defence barrister?
• In what form must disclosure be provided?
• If a client authorizes informing the court of misconduct, what must the barrister do?
• What is the restriction on contingency fee agreements regarding transfer of the client's interest?
• What restrictions apply to barristers' advertising?
• When deciding whether to accept a direct brief, which factors must a barrister consider?
• If a costs agreement is set aside, who may make orders about payment of costs?
• Under what condition may a prosecutor interview the accused?
• Which statement about a witness's ability to communicate with others is correct?
• Under the Legal Profession Act, which statement is a core rule relating to barristers and trust money?
• Which statement best describes a barrister's duty to the client?
• If no valid costs agreement exists, what is one possible method to recover costs?
• What is the barrister's overriding duty to the court?
• If ethics training or advisory opinions are provided, how should a barrister respond?
• Under Part 3.4, when must disclosure be provided?
• Are disclosures to instructing solicitors or admin staff allowed under a confidential setting without breaching Rule 108 under Rule 107?
• Which action best protects confidentiality after representation ends?
• Which rules govern when briefs must be returned?
• What is the role of ethics advisory opinions in practice?
• Are contingency fees allowed?
• If you think your client is guilty, which action is required?
• When can privilege be waived?
• Rule 50 states that a barrister does not make a false statement to the opponent simply by failing to correct an error in what has been stated. Which is the correct interpretation?
• What constitutes improper influence?
• Which statement reflects a prosecutor's duty regarding the strength of evidence?
• After a matter is reserved, when may you submit further information or submissions?
• If a barrister suspects a client intends to mislead the court, what should they do?
• In defending a client, which statement best reflects the duty of counsel regarding pleas and evidence?
• Barristers performing devilled work under Rule 107 are bound by the same confidentiality duties as the barrister briefed under which Rule?
• In tort, a lawyer generally owes no duty of care to non-clients unless certain conditions apply. Which of the following situations could give rise to liability to a third party?
• How should a barrister handle social media posts about ongoing matters?
• What must the mandatory notice to clients include?
• What is the duty regarding privacy and data protection in modern practice?
• How should a barrister handle client funds and trust accounting?
• When must disclosure of costs be provided under Part 3.4?
• Which statement best describes a barrister's approach to disciplinary investigations?
• Rule 113 requires what when appearing for two or more parties?
• What should guide the decision on the evidentiary plan for a direct brief?
• Under Rule 112, if you accept a brief where you possess confidential information that may be material and the information is confidential to another person, what must you do?
• Which duty describes a prosecutor's disclosure obligation?
• What does Bale v Mills say about submitting further material after a hearing without leave?
• What is the role of professional conduct in maintaining public confidence in the legal system?
• Rule 67 addresses submissions in mitigation based on alleged misconduct; what must you avoid?
• What is the expectation regarding fair dealing with adverse parties?
• Which statement about costs agreements under Part 3.4 is accurate?
• Costs assessments are addressed within which area of the rules?
• Which area is specifically addressed for costs in speculative personal injury claims?
• Rule 114 regarding solicitor conflicts: If you believe the client's interests may conflict with instructing solicitors, what must you do?
• When a solicitor instructs a barrister, which approach best aligns with ethical practice?
• What is the consequence of failure to disclose under the LPA?