May
21
I know there are differences to the rules between a solicitor and barrister but I’m not sure what they are. I’m also specifically referring to law in Australia if that makes it any different! Thanks
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Could you mean the LEGAL PROFESSION ACT 2008 (url below).
The second link is to Feb 2009 draft. The third link is South Australia
Legal Practitioners Regulations 2009.
From the US I hope that helps!
Refusal can be when it’s not in the best interst of his client, or to enable the client to perpetrate a further illegal act or be complicit in such act. The lawyer has a duty to the court to do only those things legal within the law to help the client. Nor does the lawyer have to act for the client on any thing outside the scope for which the representation was hired or intended
Depends what state you are in, some states have fused professions (where there is no solicitor-barrister divide). In NSW if you need to go to court you typically see a solicitor first, he/she will prepare a brief then send it to a barrister. So the solicitor is the desk jockey and the barrister is the one who argues for you in court. The solicitor works for you, the barrister works for the solicitor.
When a solicitor approaches a barrister with a brief, the barrister will generally have to accept it unless he has a very good reason. This is because of the "cab-rank" rule, which in theory makes barristers impartial servants of the court. The rule is part of the LPA 2004 (NSW), which governs the conduct of legal professionals. Good reasons to get out of it include conflict of interest etc.