Ethical Issues in Practice: Commentary on ethical and professional dilemmas by the Hon. Tom Bathurst AC KC

Bar Rule 35 provides that “A barrister must promote and protect fearlessly and by all proper and lawful means the client’s best interests to the best of the barrister’s skill and diligence, …”.

This session will focus on this Bar Rule as a starting point, and will examine cases that raise for consideration what might constitute a “proper” promotion and fearless protection of a clients interests.  For example, in relation to submissions, at what point does fearlessly promoting the client’s interests end, and almost certainly leading the Court into error start? At what point does strongly recommending a client settle their matter end, and overbearing a client’s will start?

The session will also consider issues personal to the barrister that might well undermine their capacity to promote their client’s interests, and most importantly, their capacity to observe their paramount duty to the administration of justice. In this, consideration will be given to cases where barristers have found themselves in ethical peril, and subsequently as respondents in disciplinary proceedings, in the context of issues such as intoxication, lack of sleep, poor eating habits, stress at home, and mental illness.

The Hon. Tom Bathurst AC KC will provide commentary on these cases and issues, being in an unrivalled position to do so, having had a distinguished career as a barrister, served as President of the Australian Bar Association and the NSW Bar Association, before serving as Chief Justice of NSW from 2011 to 2022.

Hayley Bennett SC will provide an introduction and Patrick Griffin SC will Chair the session.

CPD Category:

• Ethics and Professional Responsibility

Please note: Only NSW barristers or members of the NSW Bar Association can register for CPD’s or webinars.

Please provide any written questions in advance to cpd@nswbar.asn.au.