Delinquent or guilty clients

Question 1

79. refuse to act unless client authorises B to inform Crt of lie/falsification/suppression

Answer 1

A barrister who, as a result of information provided by the client or a witness called on behalf of the client, is informed by the client or by the witness during a hearing or after judgment or decision is reserved and while it remains pending, that the client or a witness
called on behalf of the client:

(a) has lied in a material particular to the court or has procured another person to lie to the court,

(b) has falsified or procured another person to falsify in any way a document which has been tendered, or

(c) has suppressed or procured another person to suppress material evidence upon a topic where there was a positive duty to make disclosure to the court,
must refuse to take any further part in the case unless the client authorises the barrister to inform the court of the lie, falsification or suppression and must promptly inform the court of the lie, falsification or suppression upon the client authorising the barrister to do so but otherwise must not inform the court of the lie, falsification or suppression.

Question 2

80. where client guilty but pleads NG, B not put case inconsistent with confession etc

Answer 2

A barrister briefed to appear in criminal proceedings whose client confesses guilt to the barrister but maintains a plea of not guilty:

(a) should, subject to the client accepting the constraints set out in (b)–(h) but not otherwise, continue to act in the client’s defence,

(b) must not falsely suggest that some other person committed the offence charged,

(c) must not set up an affirmative case inconsistent with the confession,

(d) must ensure that the prosecution is put to proof of its case,

(e) may argue that the evidence as a whole does not prove that the client is guilty of the offence charged,

(f) may argue that for some reason of law the client is not guilty of the offence charged,

(g) may argue that for any other reason not prohibited by (b) or (c) the client should not be convicted of the offence charged, and

(h) must not continue to act if the client insists on giving evidence denying guilt or requires the making of a statement asserting the client’s innocence.

Question 3

81. where client informs intent to disobey crt order, advise against it

Answer 3

A barrister whose client informs the barrister that the client intends to disobey a court’s order:

(a) must advise the client against that course and warn the client of its dangers, and

(b) must not advise the client how to carry out or conceal that course, but

(c) must not inform the court or the opponent of the client’s intention unless:

(i) the client has authorised the barrister to do so beforehand, or

(ii) the barrister believes on reasonable grounds that the client’s conduct constitutes a threat to any person’s safety.

Question 4

82. advise police or other authorities where client is threat to safety

Answer 4

A barrister whose client threatens the safety of any person may, notwithstanding rule 114, if the barrister believes on reasonable grounds that there is a risk to any person’s safety, advise the police or other appropriate authorities.