James -v- Law Society of Jersey and Others [2017] JRC 047B (22 March 2017)

James -v- Law Society of Jersey and Others [2017] JRC 047B (22 March 2017)

The Code of Conduct does not prohibit Advocate James from advising his client on documents received from her, but he must not transmit or deploy the Anonymous Package in litigation without leave of the Court, given the apparent ownership and privilege issues. Guidance notes do not create stand-alone obligations; only principles and rules are binding. Declaratory relief is appropriate due to the practical dilemma faced by Advocate James.

Citation
[2017] JRC 047B
Parties
Representor: Advocate James; First Respondent: Law Society of Jersey; Second Respondent: Advocate Sinel; Third Respondents: Executors of the estate of Mr A (Third Respondents)
Jurisdiction
Jersey
Judgment Date
22 March 2017
Procedural Posture
Ex Parte Representation With Notice / Judgment on Representation Seeking Declaratory Relief
Outcome
Declaratory relief granted in part; Advocate James is not permitted to transmit the Anonymous Package to Advocate Clarke without leave of Court.
Legal Topics
Legal Professional Privilege, Duty of Confidentiality, Declaratory Relief, Code of Conduct Interpretation, Admissibility of Documents
Professional Conduct Probate Legal Ethics Legal Professional Privilege Duty of Confidentiality Declaratory Relief Code of Conduct Interpretation Admissibility of Documents

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Parties

Advocate James

Representor

Law Society of Jersey

First Respondent

Advocate Sinel

Second Respondent

Executors of the estate of Mr A (Third Respondents)

Third Respondents

Procedural Posture

Ex Parte Representation With Notice / Judgment on Representation Seeking Declaratory Relief

Legal Issues

  1. 1 Whether Advocate James may transmit the Anonymous Package to Advocate Clarke under the Code of Conduct
  2. 2 Interpretation of the Law Society of Jersey Code of Conduct regarding use of opponent's documents
  3. 3 Whether declaratory relief is appropriate in the circumstances

Ratio Decidendi

The Code of Conduct does not prohibit Advocate James from advising his client on documents received from her, but he must not transmit or deploy the Anonymous Package in litigation without leave of the Court, given the apparent ownership and privilege issues. Guidance notes do not create stand-alone obligations; only principles and rules are binding. Declaratory relief is appropriate due to the practical dilemma faced by Advocate James.

Court Disposition

Declaratory relief granted in part; Advocate James is not permitted to transmit the Anonymous Package to Advocate Clarke without leave of Court.

Orders

  • Advocate James must not transmit the Anonymous Package to Advocate Clarke.
  • No orders made against Miss B or the executors regarding possession or use of the Anonymous Package.