Professional Standards Course: Written Evaluation Test 1d 12 21 22 ROLE OF THE BAR & LAWYERS IN CIVIL SOCIETY “The Lawyer's primary duty is to earn a living, Discuss. ‘The layperson is not sure of the role of an Advocate and Solicitor in Dispute Resolution and Court Proceedings. In your own words, discuss the above statement. PROFESSIONAL ETHICS ‘Your brother is charged under section 397 of the Penal Code. Should you act for him? ‘You were engaged to act for AB Sdn. Bhd. in a civil suit for a recovery of loan sum from a Bank. Pursuant to that, both parties agreed to enter into a settlement agreement and you prepared the agreement. Subsequently, CD Sdn. Bhd. wants 19 engage you as their advocate and solicitor to obtain a mareva injunction against AB Sdn. Bhd. Should you accept the brief? Give reasons. ‘You successfully obtained a postponement. After that you met your friend in Court and went out for a drink to celebrate for helping your client to avoid paying debt, You also mentioned that you helped your client even though you think that he is a scoundrel. You also mentioned the name of your client to your ‘iiend and warned him not to take your client. Discuss on whether you have behaved improperly. SOLICITORS ACCOUNTS AND UNDERTAKING Briefly state the methods of enforcement of undertakings. Your rental arrear for the sum of RM5,000 is due. You recently deposited in your client's account the sum of RM200,000.00. You decide to withdraw the sum of RM5,000 to pay the rent and you are certain that you will be able to pay back the money into the clients account soon. Should you withdraw the sum from the clients account? Why? Why do we need "Clients' Accounts"? DUTY TO AND IN COURT—CANDOUR, DECORUM AND CONTEMPT You were giving your arguments in Court when suddenly the opposing counsel objected to your argument. What should you do?ae) JAD 43 61 / You were urgently asked to attend Court to seek for an adjournment as the counsel for the client, a senior partner of your firm, could not attend as his pregnant wife had to be rushed to the hospital and due to unavoidable ‘circumstances, ‘You dre asked to go to Court to seek for an adjournment bearing in mind that the opposing counsel is ready to proceed and intends to object to the adjournment, Draft an oral submission on how you would address the Court. Describe the types of contempt and the situations in which it will arise. MEDIATION Is a Mediation Settlement agreement binding to the parties to the Mediation? Which type of cases is suitable for mediation? What are the advantages of mediation compared to arbitration and civil litigation? DUTY TO CLIENT — PROFESSIONAL LIABILITY, FIDUCIARY DUTY. AND RISK MANAGEMENT ‘You were engaged to consider the legal risks that may arise from a transaction between Rich Co. Sdn. Bhd. and another company. You found that there are several issues that are non-favourable to Rich Co. Sdn, Bhd. but several issues that may favour Rich Co. The Managing Director of Rich Co. is your close friend and he asked you to prepare the report to the Board of Directors of Rich Co, by downplaying the risks. He also said that it is worth taking the risks as he thinks that the benefits of the transaction outweighs the risks. Would you do as the MD asks? What risks would you encounter should you do? Give a brief summary on Bar Council's Professional Indemnity Insurance Scheme, Prepared by: Yong Juk Chee Date : 16 October 2008 K:workipfyjcipersonafipuplagelt6 ethicsq_161008.ce¢