NSW Bar Exam Practice Questions - New South Wales Bar Examination Exam

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A solicitor offers a barrister a brief to appear in a commercial dispute, an area in which the barrister regularly practises. The barrister is available, the fee is acceptable, and no conflict exists, but the barrister privately disapproves of the client's business. Under the Legal Profession Uniform Conduct (Barristers) Rules 2015, what must the barrister do?

Accept the brief, as the cab-rank principle requires acceptance where the rule 17 conditions are met Refuse the brief because personal disapproval of the client is a recognised ground for declining work Accept the brief only if the solicitor first confirms the client has no criminal history Refer the brief to a more senior barrister because the barrister lacks enthusiasm for the case

Correct Answer:

Accept the brief, as the cab-rank principle requires acceptance where the rule 17 conditions are met

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