LLB197 Lecture 8: duty to the court
Document Summary
Uniform conduct rules (solicitors) : r 3, rr 17-29: duty to client is fundamental duty however if duty to client and duty the. Counsel must not mislead the court(cid:499) rondel v worsley [1969] 1 ac 191 at 227. Particular rules for (cid:494)delinquent and guilty clients(cid:495) Responsibility not to abuse process and privilege. Independence avoidance of personal bias: not a mere mouthpiece. The lawyer"s duty to the court a(cid:374)d the proper ad(cid:373)i(cid:374)istratio(cid:374) of justice. When duty to client and court overlap (cid:272)ourt has held to (cid:271)e the (cid:858)overriding duty(cid:859) (giannarelli v wraith (1988)) Counsel must not mislead the court - rondel v worsley [1969] Institute of new south wales v meagher (1909) The requirement to be aware of the applicable rules and procedure involved in the matter. When the solicitor knew it was not. Duty not to mislead the court as to facts: oral evidence, submissions, pleadings, affidavits etc.
