Can a barrister communicate directly with the other party when they are represented?

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Get ready for the Queensland Bar Ethics Examination with multiple-choice questions, detailed explanations, and important study aids to ensure you pass your exam confidently!

Multiple Choice

Can a barrister communicate directly with the other party when they are represented?

Explanation:
Barristers must not contact a party who is already represented by a lawyer about the matter. The rule is that communications should go through the other party’s lawyer to protect the represented party’s access to independent legal advice and to keep the process fair. Direct contact is only allowed if the other party consents to it or a legal exception applies—such as when the party isn’t represented in this issue or when court rules permit direct communication in a specific context. So the default position is no direct contact, unless there’s consent or a legal exception.

Barristers must not contact a party who is already represented by a lawyer about the matter. The rule is that communications should go through the other party’s lawyer to protect the represented party’s access to independent legal advice and to keep the process fair. Direct contact is only allowed if the other party consents to it or a legal exception applies—such as when the party isn’t represented in this issue or when court rules permit direct communication in a specific context. So the default position is no direct contact, unless there’s consent or a legal exception.

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