10. Practitioners
PD 10.3
Supreme Court of Western Australia
Consolidated Practice Direction
6.
These attributes are likely to be reflected in the appointee having a
substantial
and high quality practice, largely based on demanding cases.
7.
Integrity includes:
(a)
a history of and reputation for honesty, discretion and plain
dealing with the courts, professional colleagues,
and lay and
professional clients;
(b)
independence of mind and moral courage;
(c)
professional standing, namely, having the respect of the judiciary
and the profession with respect to observing duties to the courts
and to the administration of justice, while preparing and
presenting a client's case with dedication and skill, and having
the trust and confidence
of professional colleagues; and
(d)
maturity of judgment and balance based on many years practice
of the law.
8.
Availability involves a practitioner adopting a mode of practice which
ensures that his or her services are available generally to prospective
clients and are not restricted by client relationships (whether between
the practitioner and clients or others associated
with the practitioner,
such as partners).
9.
Independence is essential to objectivity and detachment which are, in
turn, fundamental to sound judgment and the observance of duties to
the courts. Independence has a practical aspect, namely the absence of
connections which may unduly restrict the availability of a practitioner.
It also has an
intellectual and moral aspect, namely the perception,
courage and experience to make decisions which serve the best interests
of the client and the administration of justice.
10
.
The interests of the administration of justice will only be served if
appointees are, and are recognised as, persons of conspicuous ability.
With the development of a national legal profession in Australia, the
applicable criteria shall have regard to the
highest standards achieved
and expected to be achieved by counsel in Australia.
10. Practitioners
PD 10.3
Supreme Court of Western Australia
Consolidated Practice Direction
11. These criteria are not intended to diminish the overall and fundamental
requirement that an appointee shall have demonstrated over many years
outstanding ability as counsel.
12. A part-time or flexible practice is not a barrier to being appointed Senior
Counsel.
13. These criteria apply to all counsel, save that the criterion of availability
does not apply to those counsel holding statutory offices or otherwise
employed by the State and its instrumentalities.
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