DUTIES OF COUNSEL

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DUTIES OF COUNSEL by Mind Map: DUTIES OF COUNSEL

1. 1. Duties of Counsel to Court

1.1. Duty not to mislead the Court

1.1.1. Rondel v Worsley

1.1.2. Examples

1.1.2.1. Concealing a document affecting the credibility of a witness in a civil suit

1.1.2.1.1. Cheah Cheng Hoc v PP

1.1.2.2. Filing affidavits in Court which contain misleading averment

1.1.2.2.1. Re An Advocate & Solicitor

1.1.2.3. A person who is bankrupt does not disclose his incapacity at the time of affirming an affidavit

1.1.2.3.1. The Topps Co Inc v Mally Jaya Sdn Bed

1.1.2.4. Failing to exhibit relevant documents in affidavit

1.1.2.4.1. Chin Sau Min v Sio Sung Ho

1.1.2.5. Ex parte application, P does not disclose to Court all matters within his knowledge which are material to the proceedings and which may be favourable to an absent party

1.1.2.5.1. Castle Fitness Consultancy Pl. v Manz

1.1.2.6. Counsel who represents litigants in Court should not attempt to split words into distinct segment and take the Court on a wrong route to suit his/her agenda just to sway the Court to give a decision in his/her favour

1.1.2.6.1. Md. Samsudin Ismail v Tan Yeow Hwa & Anor

1.2. Duty to withhold authorities

1.2.1. Re H Sompah Deceased

1.2.2. Glebe Sugar Refining Company Ltd v Trustees of the Port and Harbours of Greenock

1.2.3. Yap Ban Tick v Standard Chartered

1.3. Duty not to misrepresent witness giving evidence in Court

1.3.1. Re JLP Haris

1.4. Counsel has no duty to inform the Court about discredibility of witness

1.4.1. Tombling v Universal Bulb & Co

1.4.2. Meek v Fleming

1.5. Duty to prevent the Court from enforcing illegal transaction

1.5.1. Mercantile Credit Co Ltd v Hamblin

1.5.2. Network Food (M) Son Bhd v Syabinas Holdings Son Bhd

1.6. Duty not to cast aspersions on witness without sufficient proof

1.6.1. Roy v Prior

2. 2. Duty of Counsel to Client

2.1. Duty of competence and diligence

2.2. Duty of Honesty

2.3. Duty to avoid conflicts

2.4. Duty to account

2.5. Cases

2.5.1. Rondel v Worsley

2.5.2. Tombling v Universal Bulb Co

2.5.3. Datuk Wong Gek Meng v Pathmanathan Mylwaganam

2.5.4. Zainur Zakaria v PP

3. 3. Special Duty of Criminal Lawyer

3.1. Prosecuting Counsel

3.1.1. Not duty to obtain conviction by all means

3.1.2. Duty to lay all facts and evidence of his case fairly and impartially

3.1.3. Duty not to win but to do justice

3.1.4. R v Banks

3.2. Defence Counsel

3.2.1. Accused Confession

3.2.1.1. S 126 Evidence Act 1950 - Privilege Communication

3.2.1.2. Tuckiar v The King

3.2.2. Plea Bargaining

3.2.2.1. R v Turner

3.2.2.2. New Tuck Shen v PP

4. 4. Duty of Counsel to Opposing Counsel

4.1. Duty of fairness to Opposing Counsel

4.1.1. Clyne v New South Wales Bar Association

4.2. Duty not to engage in personal bickering with Opposing Counsel in the Court

4.2.1. Beevis v Dawson

4.3. Duty not to cast aspersions on Opposing Counsel

4.3.1. Clyne v New South Wales Bar Association

4.4. Counsel acting for a party in a proceeding should not be subpoenaed as a witness unless necessary

4.4.1. Wong Sin Chong & Anor v Bhagwan Singh

5. 5. Duty of Counsel to Society

5.1. Use legal knowledge in furtherance of society's needs and not for purely personal materialistic benefits

5.1.1. S 41(1)(g) LPA

5.2. Duty to initiate law reform

5.3. Duty to educate public of their legal rights