When handling cross-jurisdictional practice, how should a barrister approach applicable rules and guidance?

• A. State only the conclusion of the case.
• B. Present accurate legal positions and cite authorities properly.
• C. Avoid citing authorities to mislead.
• D. Delay addressing misrepresentation until after judgment.

Answer: (B)

When working across jurisdictions, you must ground your submissions in the applicable rules and guidance and show exactly how they apply to the case. The best approach is to present accurate legal positions and support them with properly cited authorities from the relevant jurisdictions. This demonstrates you have identified the governing standards, understand their application to the issues, and can justify your conclusions with credible sources. Citing authorities clearly and correctly helps the tribunal assess the argument within the proper legal framework, enhances transparency, and upholds professional integrity.

Stating only the conclusion without the supporting reasoning leaves the court without the necessary basis to evaluate why that conclusion follows. Not citing authorities can mislead or fail to show the basis for the position. Addressing potential misrepresentations promptly is also essential; delaying such matters until after judgment would be inconsistent with professional duties and the obligation to be honest and forthright in submissions.