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discipline 3 October 2026

The duty in context

Disclose adverse law to the court court

The lawyer must draw the court's attention to all relevant binding or appellate authority, legislation and procedural matters, even where adverse to the client's case.

96 cases 45% strike-off avg suspension 30.5 mo avg fine 398,125 31 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 2.7 strong 38 cases
2.7 You draw the court's attention to relevant cases and statutory provisions, or procedural irregularities of which you are aware, and which are likely to have a material effect on the outcome of the proceedings.
E&W Barristers BSB Handbook rC3.4; gC5 strong 16 cases
rC3.4 you must take reasonable steps to ensure that the court has before it all relevant decisions and legislative provisions. gC5 Your duty under Rule rC3.4 includes drawing to the attention of the court any decision or provision which may be adverse to the interests of your client. It is particularly important where you are appearing against a litigant who is not legally represented. In addition, you must ensure compliance with any disclosure requirements in proceedings before the court.
Cayman Islands Legal Services Code 2026 R.2.1(d) strong
take reasonable steps to ensure that the Court has before it all relevant decisions and statutory provisions
AU Solicitors Solicitors' Conduct Rules Rules 19.6; 19.8 strong 11 cases
19.6 A solicitor must, at the appropriate time in the hearing of the case if the court has not yet been informed of that matter, inform the court of: 19.6.1 any binding authority; 19.6.2 where there is no binding authority, any authority decided by an Australian appellate court; and 19.6.3 any applicable legislation, known to the solicitor and which the solicitor has reasonable grounds to believe to be directly in point, against the client's case.
AU Barristers Uniform Barristers Rules r31 strong 5 cases
A barrister must, at the appropriate time in the hearing of the case if the court has not yet been informed of that matter, inform the court of: (a) any binding authority; (b) where there is no binding authority any authority decided by an Australian appellate court; and (c) any applicable legislation; known to the barrister and which the barrister has reasonable grounds to believe to be directly in point, against the client's case.
IE Solicitors Law Society Guide Ch5 — The solicitor advocate, para 1 strong 5 cases
The advocate has a duty to assist the court in reaching a just decision and, in furtherance of that aim, the solicitor must advise the court of relevant case law and statutory provisions.
IE Barristers Bar Code of Conduct Rule 5.19 strong 5 cases
In a civil case Barristers must, at the appropriate time in the proceedings, inform the court of any relevant decision on a point of law and, in particular, of any binding authority or of any applicable legislation of which they are aware and which the Barrister believes to be in point whether it be for or against their contention.
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code R.3.1 d) strong
Members must... d) take reasonable steps to ensure that the court has before it all relevant decisions and statutory provisions.
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(i) strong
When acting as an advocate, a lawyer shall not ... deliberately refrain from informing the tribunal of any binding authority that the lawyer considers to be directly on point and that has not been mentioned by an opponent
BC Lawyers BC Code r 5.1-2(i) strong 5 cases
When acting as an advocate, a lawyer must not: ... (i) deliberately refrain from informing a tribunal of any binding authority that the lawyer considers to be directly on point and that has not been mentioned by another party;
NZ Lawyers Conduct & Client Care Rules r 13.11 strong
The duty to the court includes a duty to put all relevant and significant law known to the lawyer before the court, whether this material supports the client's case or not. ... this duty continues until final judgment is given in the proceeding.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 9 (Conduct of proceedings) partial 5 cases
9 Conduct of proceedings
HK Solicitors Solicitors' Guide Principle 10.03 Commentary 7 strong
the court must be advised of relevant cases and statutory provisions by the advocates on both sides. If one of them omits a case or provision or makes an incorrect reference to a case or provision, it is the duty of the other to draw attention to it even if it assists his opponent's case.
HK Barristers Bar Code of Conduct para 10.38 strong
In civil and, subject to the provisions of paragraph 10.60, in criminal cases, a practising barrister must ensure that the Court is informed of any relevant decision or legislative provision, of which he is aware, whether it be for or against his contention.

Cases dealing with this duty

Clear

96 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

  • Martyn Robert Brown
    SDT solicitor 11900/2018 2018-01-01 found breached

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Christopher Roy Penty
    LSBC lawyer 2017-09-28 found breached

    Agreed Statement of Facts | Summary

    Agreed Statement of Facts | Summary 1 PDF View decision
  • David William Nightingale
    SSDT solicitor David William Nightingale, 65 Springfield Road, The Village, Cumbernauld 2017-05-31 found breached
    strike_off No Appeal 1 PDF View decision
  • Younus Desai
    SDT solicitor 11754/2017 2017-01-01 found breached

    Breaches

    Strike off 1 PDF View decision
  • Andrew Laurence Brown & Sandra Benson
    SDT solicitor 11598/2017 2017-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    S.43 Order (clerks), Strike off 1 PDF View decision
  • Philip Simon Hogg
    SSDT solicitor Philip Simon Hogg, residing at 9 Crossdykes, Kirkintilloch 2016-08-25 found breached
    suspension No Appeal 1 PDF View decision
  • Warren Lance ROSEN
    LSC-QLD solicitor Rosen Lawyers 2016-02-05 rule cited

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • Harkin, David John
    OLSC barrister Berkley Vale [2015] NSWCATOD 111 2015-10-13 found breached

    1. Practise without a current Practising Certificate 2. Failure to provide direct access disclosure, as required by the Barristers Rules 2011, to clients 3. Failure to provide costs disclosure 4. Non-compliance with tru…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 1 PDF View decision
  • Kevin O'Keeffe
    LSI solicitor Coakley Moloney Solicitors, 49 South Mall, Cork, 2015-03-09 found breached

    In the matter of Kevin O’Keeffe, solicitor, formerly practising in Coakley Moloney Solicitors, 49 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2011 [4536/DT16/13 and High Court record 2014 no 100 SA] …

    conditions View decision
  • Evol W. Lyn-Cook
    GLC attorney 162 of 2002 2015-01-28 found breached

    Fined | Disciplinary Committee decision delivered January 28, 2015. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 162/2002 IN THE MATTER OF PATRICK STEPHENS and EVOL LYN COOK…

    Fined 1 PDF View decision
  • David Walsh
    LSI solicitor David Walsh & Co, Solicitors, 12 Mount Street, Mullingar, Co Westmeath 2015-01-12 found breached

    In the matter of David Walsh, solicitor, formerly practising as David Walsh & Co, Solicitors, at 12 Mount Street, Mullingar, Co Westmeath, and in the matter of the Solicitors Acts 1954-2011 [4550/DT118/13 and High Court…

  • John Randall Slade
    SDT solicitor 11419/2015 2015-01-01 found breached

    Breaches, Client Money, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Nigel Mapletoft
    SDT solicitor 11460/2015 2015-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Tarik Akhtar
    SDT solicitor 11364/2015 2015-01-01 found breached

    Breaches

    Strike off 1 PDF View decision
  • Victoria Louise Robinson
    SDT solicitor 11426/2015 2015-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Aiden Barry
    LSI solicitor Aiden Barry Solicitor, Roche House, 8 Bank Place, Limerick, Co Limerick 2014-04-28 found breached

    In the matter of Aiden Barry, solicitor, formerly practising as Aiden Barry Solicitor, Roche House, 8 Bank Place, Limerick, Co Limerick, and in the matter of the Solicitors Acts 1954-2011 [7243/DT59/13 and High Court re…

    strike_off View decision
  • Leighton O. Miller
    GLC attorney 5 of 2010 2014-03-22 found breached

    Suspended, Restitution Ordered | Disciplinary Committee decision delivered March 22, 2014. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 5/2010 BETWEEN RICARDO BOND COMPLAINA…

    Suspended, Restitution Ordered 1 PDF View decision
  • Harvinder Kaur McKibbin
    SDT solicitor 11306/2014 2014-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Abhay Kumar SINGH
    LSC-QLD solicitor N/A 2013-12-17 found breached

    Guilty of professional misconduct on 3 charges.

    other 1 PDF View decision
  • Lundy, John
    OLSC solicitor Lundy Lawyers [2013] NSWADT 105 2013-05-14 found breached

    1. Failed to comply with Clause 74(b) of the Legal Profession Regulation 2005 - notice of closure of a general trust account 2. Failed to comply with Section 274(1) of the Legal Profession Act 2004 ? law practice must h…

    Additional Orders made by the Tribunal (see Tribunal decision) Costs Fine Reprimand $3,000.00 View decision
  • Lawrence L. Haynes
    GLC attorney 140 of 2009 2013-05-04 found breached

    Restitution ordered | Disciplinary Committee decision delivered May 04, 2013. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. 140/2009 IN THE MATTER of ROBERT HENRY and LAWRENC…

    Restitution ordered 1 PDF View decision
  • Alison Heylin & Clive Heylin
    SDT solicitor 11201/2013 2013-01-01 found breached

    Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules

    S.43 Order (clerks), Suspend - Fixed Period 1 PDF View decision
  • Rico Rey Hipolito
    LSBC lawyer 2012-04-12 found breached

    Agreed Statement of Facts

    Agreed Statement of Facts 1 PDF View decision
  • Katherine MA Ryan
    LSI solicitor Ryan & Company, 42 Woodley Park, Kilmacud, Dublin 14 2012-03-26 found breached

    In the matter of Katherine MA Ryan, a solicitor formerly practising under the style and title of Ryan & Company, Solicitors, at 42 Woodley Park, Kilmacud, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [6…

    strike_off View decision

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.