The duty in context
No improper communication with the court court
The lawyer must not communicate with the court on a matter of substance in the opponent's absence except where permitted, and must promptly disclose to the opponent any such communication.
How the codes express this duty
E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rules 22.5; 22.6 strong 99 cases
22.5 A solicitor must not, outside an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the court concerning any matter of substance in connection with current proceedings unless: ... 22.6 A solicitor must promptly tell the opponent what passes between the solicitor and a court in a communication referred to in Rule 22.5.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr53-54 strong 36 cases
A barrister must not, outside an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the court concerning any matter of substance in connection with current proceedings unless [permitted]. A barrister must promptly tell an opponent what passes between the barrister and a court in a communication referred to in Rule 53.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch5 — Communication with the court strong 82 cases
A solicitor should not discuss the merits of a case with the judge, registrar, clerk or other official before whom a case is pending. Where during the case a written communication to the court is required, the solicitor should deliver a copy of the communication to the opposing party.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 5.28; Rule 5.29 strong 82 cases
Barristers shall not approach a Judge to discuss with them any matter then pending or at hearing before that Judge without the consent of the Judge and their opposing lawyer or lay litigant being present during such approach.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon V(i) partial 26 cases
In any proceeding in a Court an Attorney shall not communicate or cause any other person to communicate with a juror as to the merits of such proceedings, and shall only do so with a Judge or person exercising Judicial functions:- (i) in the normal course of the proceedings, or (ii) where authorised by law, or the practice of the Courts or with the consent of the parties.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code G.3.4 partial
Members must not discuss the merits of a case with a member of the judiciary before whom a case is pending or by whom it may be heard unless invited to do so in the presence of the lawyer for the other side.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(d) partial
When acting as an advocate, a lawyer shall not ... endeavour or allow anyone else to endeavour, directly or indirectly, to influence the decision or action of a tribunal or any of its officials in any case or matter by any means other than open persuasion as an advocate
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 2.1-2(d) partial 15 cases
A lawyer should never seek privately to influence a court or tribunal, directly or indirectly, in the lawyer's or a client's favour, nor should the lawyer attempt to curry favour with juries by fawning, flattery or pretended solicitude for their personal comfort.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.2.2 strong
A lawyer must not discuss any case or matter before the court with any judicial officer involved in the proceeding either formally or informally outside of the rules of procedure ... In cases of doubt, the lawyers for other parties (or if a party is not represented, then the party concerned) should be informed of any matters being brought before the court.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 30 (Communication with court) partial 9 cases
30 Communication with court
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 10.02 Commentary 2-3 strong
Except in the course of an application to the court, a solicitor must not discuss the merits of the case with a judge, magistrate or other adjudicator before whom a case is pending ... unless invited to do so in the presence of the solicitor or barrister for the other side ... a solicitor shall at the same time deliver a copy of it to his professional adversary.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.48 strong
A practising barrister must not, outside of an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the Court concerning any matter of substance in connection with current proceedings unless ... A practising barrister must promptly inform an opponent of what has passed between the barrister and the Court in a communication referred to in sub-paragraph (a) hereof.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
602 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
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David Herlihy
In the matter of David Herlihy, solicitor, formerly practising as principal of David Herlihy, Solicitors, Lord Edward Street, Kilmallock, Co Limerick, and in the matter of the Solicitors Acts 1954-2011 [9286/DT90/15 and…
strike_off View decision -
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Huw Price
Breaches, Failures, Solicitors' Accounts Rules
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Alexander John Marks & Paul Elliott
Breaches, Client Money, Solicitors' Accounts Rules
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Azfar Bajwa
Breaches, Failures
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Vay Sui Ip
Breaches
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Kam Cheung Mak
Breaches, Client Money, Solicitors' Accounts Rules
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Henry Joseph Arigho
In the matter of Henry Joseph Arigho, a solicitor formerly practising as Henry Arigho & Co, Solicitors, Main Street, Moate, Co Westmeath, and in the matter of the Solicitors Acts 1954-2011 [3452/DT61/13, 3452/DT62/13, 3…
other View decision -
Claire Keaney
In the matter of Claire Keaney, a solicitor previously practising as Keaney & Company, Solicitors, at PO box 42, Pearse Park, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2011 [7372/DT53/15, DT54/15,…
strike_off View decision -
Deirdre Fahy
In the matter of Deirdre Fahy, a solicitor previously practising as D Fahy & Associates, Solicitors, at 69 Main Street, Blackrock, Co Dublin, and in the matter of the Solicitors Acts 1954-2011 [5471/DT163/15; DT164/15; …
strike_off View decision -
James (Seamus) G Doody
In the matter of James (Seamus) G Doody, practising as a partner in Doody Solicitors, 21 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2011 [6285/DT105/14, 6285/DT105/13, 6285/DT187/13 and High Court r…
conditions View decision -
Daniel Murphy
In the matter of Daniel Murphy, a solicitor practising as principal of Daniel Murphy & Company, Solicitors, Macroom, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [3917/DT56/14 and High Court record no 201…
strike_off View decision -
Berwick, John Patrick
Professional Misconduct: Practitioner received two payments of trust money from his (then) client in June and July 2012 in contravention of section 252 LPA 2004 by depositing those monies into a mortgage account before …
Costs Reprimand Undertaking, to be filed in the Tribunal, that he will not apply for a practising certificate as a barrister or as a solicitor in any jurisdiction at any time in the future Ordered to pay compensation in the amount of $25,000 (NSWCATOD 06.09.2017) $0.00 Proceedings Instituted 3 PDFs View decision -
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Michael Crawford
In the matter of Michael Crawford, a solicitor formerly practising as Michael Crawford, Solicitor, Lurganboy, Manorhamilton, Co Leitrim, and in the matter of the Solicitors Acts 1954-2011 [5022/DT194/13; 5022/DT01/14; 5…
other View decision -
Edward A (otherwise Eamonn) Kelly
In the matter of Edward A Kelly (otherwise Eamonn Kelly), previously practising as Eamonn Kelly, Solicitor, at Iveragh Road, Killorglin, Co Kerry, and in the matter of the Solicitors Acts 1954-2011 [5754/DT47/14; DT48/1…
strike_off View decision -
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Deirdre M Fahy
In the matter of Deirdre M Fahy, a solicitor previously practising as D Fahy & Associates, Solicitors, 69 Main Street, Blackrock, Co Dublin, and in the matter of the Solicitors Acts 1954-2011 [5471/DT137/13; DT138/13; D…
strike_off View decision -
Elizabeth McGrath
In the matter of Elizabeth McGrath, a former solicitor previously practising as O’Connell McGrath Solicitors at 5 Athlunkard Street, Limerick, and in the matter of the Solicitors Acts 1954-2011 [11016/DT21/14; 11016/DT6…
strike_off View decision -
Alan Richard Birkbeck
Breaches
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Andrew John Davies
Breaches, Failures, Solicitors' Accounts Rules
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Mohammed Zahir Uddin
Breaches, Failures, Solicitors' Accounts Rules
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Hanif Mohammed
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Habibullah Khan
Breaches, Client Money, Failures, Solicitors' Accounts Rules
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Nicholas Charles Stansfield Goddard
Breaches, Failures, Solicitors' Accounts Rules
Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.