Anyone doing law - I have a question about Legal Ethics (1 Viewer)

chiselwick

Member
Joined
Mar 6, 2006
Messages
31
Gender
Female
HSC
N/A
I was wondering what rules or princples or cases would apply if I or someone asked a barrister to lie for me during a dispute resolution?

E.g. if a person discovered they had a brain injury after a motorbike accident... but when it was checked out the doctor said it was from birth and not caused by the accident?

Edit:

Would there be a conflict of interest? like I know barristers are supposed to be honest at all times to make the profession look good and stuff, so if a person were to insist that they lie, would it be a conflict of interest and reason to give the client the boot?
 
Last edited:

NewiJapper

Active Member
Joined
Jul 19, 2009
Messages
1,010
Location
Newcastle
Gender
Male
HSC
2010
Barristers have a cab rank rule which basically means they wait to get presented with a client and the first person in line gets the next client etc. And as a barrister they have both duties to the courts and duties to their client, but I think there comes such a time that their duties to the courts and the administration of justice overturns their duty to the client, like in this case. In a dispute resolution, I don't think it would be good in this case. First of all you would also need to get the doctor to lie about the diagnosis of the brain injury being from birth and not from the accident, and secondly, if this came up later in life and it was found out to be a fasle piece of information, both the barrister who made it up and also the doctor who also helped in the ploy to fabricate a lie could be in serious trouble and even disbarred etc. Ethically, a barrister could take an ethics of care approach and exaggerate about the injury but even in an adversarial sense I don't think a barrister would do such a thing. Afterall all adversarial advocates pursue their clients case with extreme zealous but not to the point where they are breaking the law themselves.
 

Hagaren

The Fresh Prince
Joined
Aug 8, 2006
Messages
1,026
Location
Bel Air
Gender
Male
HSC
2007
I was wondering what rules or princples or cases would apply if I or someone asked a barrister to lie for me during a dispute resolution?

E.g. if a person discovered they had a brain injury after a motorbike accident... but when it was checked out the doctor said it was from birth and not caused by the accident?

Edit:

Would there be a conflict of interest? like I know barristers are supposed to be honest at all times to make the profession look good and stuff, so if a person were to insist that they lie, would it be a conflict of interest and reason to give the client the boot?
you are a major fuckwit.
 

chiselwick

Member
Joined
Mar 6, 2006
Messages
31
Gender
Female
HSC
N/A
but the doctor wouldn't have to be present at the mediation right...? doesn't the victim just discuss what settlement or compensation should be made?
 

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

Top