LAD4213 - Pop Quiz 1

"The duty of Counsel is forthwith to show it to the other side even though it hurts his own case...So also when points of law arise, it is the duty of Counsel to inform the Court, not only of the cases in his favour but also of those against him. Even if the opposing counsel has not found them, he must himself cite them in pursuance of his duty to see that justice is done."

Which duty of a lawyer is Lord Denning specifically referring to?

• Duty not to mislead the court

• Duty to be fair

• Duty of candour

• Duty to ensure legal credibility

Which of the following statement is false?

• A barrister in England has immunity from claims of negligence in criminal proceedings

• The basis of the fiduciary duty owed by an A&S in Malaysia to his client is based on the retainer and not public policy

• A requirement for the validity of a solicitor's undertaking is when it is made by the solicitor in his professional capacity

• The right of a solicitor to conclude a contract is based on express and implied authority as laid down in the law of agency

"In every case it must be a question of degree, weighing one principle against the other, In this case it is clear that the judge and jury were misled on an important matter. I appreciate that it is very hard at times for the advocate-to see his path clearly between failure in his duty to the court, and failure in his duty to his client. I accept that in the present case the decision to conceal the facts was not made lightly, but after anxious consideration. In my judgment the duty to the court was here unwarrantably subordinated to the duty to the client."

In which English case was the above ratio decidendi laid down?

• Meek v Fleeming

• Re JLP Harris

• Glebe Sugar Co. Ltd. v Trustees of the Port and Harbours of Greenock

• Re An Advocate & Solicitor

What are the requirements that must be fulfilled which validate the authority of a counsel to compromise a lawsuit on behalf of his/her client?

• The compromise must be done in good faith and for the best interests of the client

• The counsel must have clear and prior consent from the client before carrying out a compromise

• The client must not have expressly negatived the his/her counsel from doing so

• The compromise must not cause grave injustice to the client

In which case did the Federal Court overturn the decisions of the High Court and Court of Appeal where the High Court summarily cited the appellant for contempt of court in applying to disqualify the prosecutors in the case?

• Cheah Cheng Hoc v PP

• Zainur Zakaria v PP

• Re Kumaraendran, An Advocate & Solicitor

• AG v Manjeet Singh Dillon