Maintaining an appropriate standard of professional conduct is particularly important in deciding what advice to give to a defendant or whether or not to act on behalf of a defendant [see chapter on the role of duty counsel and chapter on admissions of guilt]. It is also important that duty counsel keep complete and accurate records of all transactions with defendants during the day. This includes situations where the public defender has decided that he or she cannot counsel or represent a particular defendant [see Collie v Police [2002] SASC 109; Hatcher v. Police [2006] SASC 332re judicial comment on duty solicitor work]. In summary courts, the prosecutor for summary and minor offences is a police officer and, as a rule, not a lawyer. The Director of Public Prosecutions (DPP) prosecutes all important criminal cases before the higher courts and is represented by qualified lawyers. As legal practitioners, prosecutors representing the DPP are subject to the Australian Solicitors` Conduct Rules. In addition, when conducting criminal cases, they are guided by prosecutorial policy and guidelines, which states that all prosecutors adhere to the “highest ethical and professional standards and strive to obtain the most effective and proportionate prosecutions” (see Law Enforcement Policy and Guidelines, p. 1]. The accused successfully appealed convictions and sentences for miscarriage of justice resulting from the assistance of duty counsel [see chapter on confessions of guilt].

Unsatisfactory conduct or professional misconduct may result in adverse judicial comments on subsequent appeals, and duty counsel may be subject to disciplinary proceedings. A reputation for professional integrity and consistent reliability vis-à-vis the courts is fundamental to duty counsel`s ability to act as an effective lawyer. The following paragraphs serve to highlight only a few of the rules of ethics, so it is important for the public defender to familiarize himself with the other rules. It is important to remember that a breach of the Australian lawyer`s rules of conduct may constitute professional misconduct or unsatisfactory professional misconduct. Solicitor-client privilege protects written documents (e.g. in a client`s file or in pink attorney forms required) prior to disclosure to others without the defendant`s consent. This also protects this information from summoning or using evidence as a result. If a practitioner is instructed to mitigate the client`s criminal liability and these instructions include allegations of serious misconduct against another person (who is unable to answer questions directly in the case), the practitioner cannot disclose the identity of the other person. That is, unless the practitioner reasonably believes that disclosure is necessary for the proper conduct of the client`s case [Rule 21.7 of the Australian Lawyers Rules of Conduct]. The attorney-client relationship is based on confidentiality and solicitor-client privilege.

This chapter describes the principles of professional ethics and judicial etiquette applicable to working as public defenders. While this obligation has an impact on professional conduct in the client relationship, it is a global obligation and each member of the legal profession is responsible for maintaining an independent and impartial administration of justice. It is important that legal practitioners act with integrity, provide competent support to the courts and promote public confidence in the justice system. In the performance of their duties, legal practitioners are required to treat other members of the legal profession with courtesy and integrity. It is recognized that duty counsel are often exercised under pressure. This pressure may arise from time constraints, the need for multiple court dates, and the task of dealing with anxious or desperate defendants. Nevertheless, the public defender is held accountable according to the same standards of professional conduct as all legal practitioners [see Halliwell v. Kraft [1990] SASC 2634; Milera v. Korber [1986] SASC 9474 on Judicial Opinion on Mandatory Advocacy].

Talk to legal claims if it may even be a professional negligence claim. They are very experienced and will talk to you confidentially. The Australian Solicitors Conduct Rules (ASCR) have been developed jointly by all state and territory bar associations and other constituent professional bodies of the Law Council, as agreed professional rules for all lawyers in Australia.