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【正文】 ft pleadings if he would be embarrassed in the discharge of his duties and, if he has received any such brief or instructions inadvertently, he should return the same. A barrister will be so embarrassed if, for example, he has material information which was entrusted to him in confidence by or on behalf of his previous client.If, after the delivery of a brief or instructions on behalf of more than one client, there appears to be a conflict of interest between them, a barrister may not continue to act for any such client unless all such clients consent to his so acting and he is able to do so without embarrassment.Even if there be no conflict of interest, when a barrister has held a brief for any party in any proceeding he shall not accept a brief on an appeal or further stage in such proceeding for any other party without giving the original client the opportunity of delivering a brief to him for such appeal or further stage.58. A barrister may not accept a brief or instructions in any case where by reason of his connection with the client it would be difficult for him to maintain his professional independence. Examples of the operation of this rule are given in Annex 7.59. A barrister may not accept a brief or instructions in any case where by reason of his connection with the Court or a member thereof the impartial administration of justice might appear to be prejudiced. Examples of the application of this rule in regard to judicial position and family relationship are given in Annex 8.60. A barrister may not appear as Counsel:(a) in a matter in which he himself is a party or has a significant or significant pecuniary interest.(b) either for or against any pany of which he is an officer or in which he has directly or indirectly a significant pecuniary interest. Exceptions may be authorised by the Bar Council. (Examples of the operation of this rule are given in Annex 7.) 61. A barrister may not accept instructions in a case in which he has reason to believe that he is likely to be a witness. If, being engaged in a case, it bees apparent that he is likely to be a witness on a material question of fact he should not continue to appear as Counsel if he can retire without jeopardising his client’s interests.62. A barrister whose lay client behaves in an offensive manner must nevertheless continue to act unless:(a) he is justified in assuming that his instructions have been withdrawn (in which event he should discuss the position with the person instructing him in the matter or his representative before withdrawing from the case)。 or(b) he finds that his professional conduct is being or is likely to be impugned and he can withdraw from the case at that stage without jeopardising his lay client’s interests. The Return of Briefs63. (a) If a barrister receives a brief or instructions which he believes to be beyond his petence, he should decline that brief or those instructions and so inform the instructing solicitor.(b) If a barrister receives instructions and it is or bees apparent to him that he cannot do the work within a reasonable time, he should inform the instructing solicitor forthwith.(c) If a barrister receives instructions where a time limit has been set for the pletion of the work, and the barrister sees no reasonable prospect of his being able to finish the work within that time limit, he should either return the instructions forthwith or obtain further time from the person instructing him in the matter forthwith.64. Briefs are in general accepted on the understanding that the barrister concerned may be unavoidably prevented by a conflicting professional engagement from attending the case. A barrister must inform the person instructing him in the matter as soon as there is an appreciable risk that he may not be able to undertake a brief which he has accepted。 and he must in any event return that brief in sufficient time to allow for another barrister to be engaged and to master the brief.65. When a barrister has accepted a brief for the defence of a person charged with a serious criminal offence he should so far as practicable ensure that the risk of a conflicting professional engagement does not arise. If, in the event, a barrister is instructed in a civil case which clashes with instructions to defend a person on a serious criminal charge, he should, save in exceptional circumstances, return the brief in the civil case.66. A barrister is not justified in returning a brief for a fixed date, when once accepted, in order to attend a social or other nonprofessional engagement.[The next paragraph number is 70.] ADMINISTRATION70. It is the duty of a barrister at all times to ensure that his practice is efficiently and properly administered. In particular, a barrister must take all reasonable and practicable steps to ensure that professional engagements are fulfilled or that early notice is given if they cannot be fulfilled.In the interests of the efficient administration of justice and respect for the Court, a barrister must use his best endeavours always to be punctual.71. A barrister who is the head of a set of chambers is responsible for seeing: (a) that the chambers are administered petently and efficiently。 (b) that the affairs of the chambers are conducted in a manner which is fair and equitable for all members and Pupils. All other members must use their best endeavours to achieve these objects.72. Except in the case of Direct Professional Access work, a barrister must ensure that: (a) the date of receipt is marked on every brief for him to appear at a Court, (b) proper records are kept in his chambers including a record of the date of receipt of each brief or set of papers。 the name of the case。 the names of the person and the firm or other body of which that person is a partner, member or employee instructing him in the matter。 and where appropriat
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