Skip to main content
discipline 3 October 2026

The duty in context

Cease acting on client perjury or disobedience court

On learning a client or witness has lied, falsified, suppressed evidence, or intends to disobey a court order, the lawyer must not advance the false case and must withdraw or inform the court unless the client authorises correction.

173 cases 64% strike-off avg suspension 10.1 mo avg fine 104,600 38 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.4; CCS 2.4 partial 137 cases
1.4 You do not mislead or attempt to mislead your clients, the court or others, either by your own acts or omissions or allowing or being complicit in the acts or omissions of others (including your client). 2.4 You only make assertions or put forward statements, representations or submissions to the court or others which are properly arguable.
E&W Barristers BSB Handbook rC25.2; rC25.3; gC11 strong 5 cases
rC25 ... you must cease to act and return your instructions if: .2 the client refuses to authorise you to make some disclosure to the court which your duty to the court requires you to make; or .3 you become aware during the course of a case of the existence of a document which should have been but has not been disclosed, and the client fails to disclose it or fails to permit you to disclose it, contrary to your advice. gC11 If your client refuses to allow you to make the disclosure you must cease to act, and return your instructions.
Cayman Islands Legal Services Code 2026 R.2.4(c); R.2.4(d) partial
call witnesses to give evidence or put affidavits or witness statements to the Court which the attorney-at-law knows, or is instructed, are untrue or misleading; or invent a defence for a client or suggest to the client or to a witness the use of words in evidence which would distort the facts
AU Solicitors Solicitors' Conduct Rules Rules 20.1; 20.3 strong 10 cases
20.1 A solicitor who... learns... that the client or a witness called on behalf of the client: 20.1.1 has lied in a material particular to the court... must - 20.1.5 refuse to take any further part in the case unless the client authorises the solicitor to inform the court of the lie, falsification or suppression... 20.3 A solicitor whose client informs the solicitor that the client intends to disobey a court's order must: 20.3.1 advise the client against that course...; 20.3.2 not advise the client how to carry out or conceal that course...
AU Barristers Uniform Barristers Rules rr78-80 strong 4 cases
A barrister who ... learns ... that the client or a witness ... has lied in a material particular 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 ... A barrister whose client informs the barrister that the client intends to disobey a court's order must: (a) advise the client against that course ... (b) not advise the client how to carry out or conceal that course.
IE Solicitors Law Society Guide Ch5 — Perjury by a client strong 1 case
A solicitor must decline to act further in any proceedings where a solicitor has knowledge that the client has committed perjury or has misled the court in relation to those proceedings, unless the client agrees to make a full disclosure of their conduct to the court.
IE Barristers Bar Code of Conduct Rule 5.3(e) strong 1 case
Where a Barrister becomes aware that any false or misleading statement of fact has been made by or on behalf of that Barrister's client ... the Barrister shall (i) be satisfied that any such statement of fact has been corrected before any further step be taken ... or (ii) withdraw from the matter before any such step be taken by any party without such correction having been made.
JM Attorneys Canons of Professional Ethics Canon V(m); Canon V(n); Canon IV(q)(ii)-(iii) strong 6 cases
(m) An Attorney shall not knowingly use perjured testimony or false evidence or participate in the creation or use of evidence which he knows to be false. (n) An Attorney shall not counsel or assist his client or a witness, in conduct that the Attorney knows to be illegal or fraudulent, and where he is satisfied that his client has in the course of the particular representation perpetrated a fraud upon a person or tribunal, he shall promptly call upon him to rectify the same.
JE Lawyers Law Society of Jersey Code R.3.4 d); G.3.3 strong
Members must not: ... d) call witnesses to give evidence or put affidavits or witness statements to the court which they know, or are instructed, are untrue or misleading, unless they make clear to the court the true position as known by or instructed to them... [G.3.3] If their client refuses to allow them to make the disclosure they must cease to act, and return their instructions. In these circumstances the member must not reveal the information to the court.
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(e),(k); r 5.1-4 commentary [1] strong
5.1-2 ... (k) knowingly permit a witness or party to be presented in a false or misleading way or to impersonate another ... [5.1-4 commentary [1]] If the client desires that a course be taken that would involve a breach of the rules in Section 5.1, the lawyer must refuse and do everything reasonably possible to prevent it. If that cannot be done the lawyer should, subject to the rules in Section 3.7 (Withdrawal from Representation), withdraw or seek leave to do so.
BC Lawyers BC Code r 5.1-2(e),(k) strong 6 cases
When acting as an advocate, a lawyer must not: ... (e) knowingly attempt to deceive a tribunal or influence the course of justice by offering false evidence ... or otherwise assisting in any fraud, crime or illegal conduct; ... (k) knowingly permit a witness or party to be presented in a false or misleading way or to impersonate another;
NZ Lawyers Conduct & Client Care Rules r 13.10.1 strong
If a witness (not being the lawyer's client) gives material evidence in support of the lawyer's client's case that the lawyer knows to be false, the lawyer must, in the absence of a retraction, refuse to examine the witness further on that matter. If the witness is the client of the lawyer, the lawyer must, in the absence of a retraction, cease to act for that client.
SCO Solicitors LSS Standards of Conduct B1.13 partial 4 cases
You must never knowingly give false or misleading information to the court.
SG Lawyers Professional Conduct Rules 2015 r 10 (Responsibility for client’s conduct) partial 3 cases
10 Responsibility for client’s conduct
HK Solicitors Solicitors' Guide Principle 10.03 Commentary 5 strong
Where a client, in the course of litigation, admits to his solicitor that he has committed perjury or misled the court in any material matter in those proceedings, it is the duty of his solicitor to decline to act further in the proceedings, unless the client agrees fully to disclose his conduct to the court.
HK Barristers Bar Code of Conduct para 10.40 strong
If at any time before judgment is delivered in a civil case, a practising barrister is informed by his lay client that he has committed perjury or has otherwise been guilty of fraud upon the Court, the barrister may not so inform the Court without his client's consent. He may not, however, take any further part in the case unless his client authorises him to inform the Court of the perjured statement or other fraudulent conduct and he has so informed the Court.

Cases dealing with this duty

Clear

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

  • Andrew James Cutland
    SDT solicitor 12467/2023 2023-10-27 rule cited

    Breaches, Client Money, Code of Conduct 2011, Dishonesty, Lack of Integrity, Solicitors' Accounts Rules, SRA Principles 2011

    Strike off 1 PDF View decision
  • Charlotte Joy Platt
    SSDT solicitor Charlotte Joy Platt, c/o Inksters Solicitors, 10 Sinclair Street, Thurso 2023-09-06 found breached
    conditions No Appeal 1 PDF View decision
  • Jonah David Michael
    SDT solicitor 12444/2023 2023-07-10 rule cited

    Breaches, Failures

    Strike off 1 PDF View decision
  • Richard Michael Cohen
    SDT solicitor 12432/2023 2023-06-09 rule cited

    Breaches, Failures

    Strike off 1 PDF View decision
  • Roger Balraj Singh Bhatti
    LSBC lawyer 2023-03-15 found breached

    Rule 3-7.1 Consent Agreement

    Rule 3-7.1 Consent Agreement 1 PDF View decision
  • Calvin Benjamin Rose
    GLC attorney 226 of 2018 2023-01-04 found breached

    Suspended, Fined | Disciplinary Committee decision delivered January 04, 2023. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 30, 2022. View PDF of Decision in Full Screen View For…

    Suspended, Fined 2 PDFs View decision
  • Calvin Benjamin Rose
    GLC attorney 226 of 2018 2022-07-30 found breached

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 30, 2022. || Suspended, Fined | Disciplinary Committee decision delivered January 04, 2023. View PDF DECISION OF THE DISCIPLINARY COMMIT…

    Guilty of Professional Misconduct 2 PDFs View decision
  • Sophia Andrea Thomas
    GLC attorney 52 of 2019 2022-07-29 rule cited

    Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 29, 2022 | Suspended | Disciplinary Committee decision delivered September 30, 2022. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF …

    Guilty of Professional Misconduct 6 PDFs View decision
  • Ndou, Lovemore Ray
    OLSC lawyer Lovemore Lawyers [2023] NSWCATOD 111 2022-07-28 found breached

    1. Breached a Local Court order made on 21 November 2019 by using information and/or document(s) produced in those proceedings in his client’s affidavit dated 12 December 2019 and filed in the Family Court (Local Court …

    Fine Reprimand The Tribunal made an order varying the Committee’s disciplinary orders requiring Mr Ndou to complete a legal ethics course, by replacing it with an order requiring Mr Ndou to pay a fine in the sum of $2,000 within 60 days of the Tribunal’s decision $2,000.00 Appeal Status: Dismissed Appeal Decision 1 PDF View decision
  • Duncan Peter Burtwell
    SDT solicitor 12301/2022 2022-04-08 rule cited

    Breaches

    Strike off 1 PDF View decision
  • Gleeson, Phillip Thomas
    OLSC solicitor Moama Law 2021-10-28 found breached

    1. Discourtesy: a. That the Respondent Solicitor failed on 4 occasions over nearly 2 years to either appear for his client himself, or arrange appropriate representation. b. The Respondent Solicitor failed to provide a …

    Practitioner to undertake and complete further legal education Reprimand Provide a written apology to the Federal Circuit Court of Australia in Melbourne $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Zhang, Shijing
    OLSC solicitor Zhang Shijing Lawyers 2021-04-29 found breached

    Breached section 34 of the Legal Profession Uniform Law by failing to ensure an employed solicitor complied with her obligations under the Uniform Law Breached rule 37 of the Legal Profession Uniform Law Australian Soli…

    Fine Reprimand $12,000.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • QURAT UL AIN AKBAR
    SDT solicitor 12093/2020 2020-01-01 found breached

    Breaches, Failures

    Strike off 1 PDF View decision
  • Travis Keith Sturgeon
    LSC-QLD solicitor Miles Harris Lawyers 2019-09-16 found breached

    Guilty of professional misconduct

    Struck off 1 PDF View decision
  • Ivor George Peynado
    GLC attorney 41 of 2013 2017-06-24 rule cited

    Guilty | Disciplinary Committee decision delivered June 24, 2017. || Suspended | Disciplinary Committee decision delivered April 17, 2019. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COM…

    Guilty 1 PDF View decision
  • Udeh Kumar s/o Sethuraju
    SG-DT lawyer S K Kumar Law Practice LLP 2017-03-22 found breached
    Struck off the roll with immediate effect 1 PDF View decision
  • Vay Sui Ip
    SDT solicitor 11615/2017 2017-01-01 found breached

    Breaches

    Strike off 1 PDF View decision
  • Isi Inyang & Simeon Olumide Coker & Nnanna Chrurchill Wagbaranta
    SDT solicitor 11679, 2017-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Prohibition Order, Strike off, Suspend - Fixed Period 1 PDF View decision
  • William Meechan
    SSDT solicitor William Meechan, Campbell & Meechan, 19 Waterloo Street, Glasgow 2016-02-01 found breached
    strike_off No Appeal 1 PDF View decision
  • Michael Schwartz
    SDT solicitor 11575/2016 2016-01-01 found breached

    Others

    Costs only 1 PDF View decision
  • Noemaan Farooq Butt
    SSDT solicitor Noemaan Farooq Butt, Solicitor, 6 Thornhill Gardens, Newton Mearns 2015-02-19 found breached
    strike_off No Appeal 1 PDF View decision
  • Michael Lyons & Kelly Lyons
    SDT solicitor 11435/2015 2015-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    S.43 Order (clerks), Strike off 1 PDF View decision
  • Tammy McNally
    BTAS barrister Middle Temple 2014-07-15 found breached
    strike_off Final 1 PDF View decision
  • Ogunniyi & Adhikari
    SDT solicitor 11265/2014 2014-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off, Suspend - Fixed Period 1 PDF View decision
  • Benny Thomas
    SDT solicitor 11262/2014 2014-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Reprimand, Strike off 1 PDF 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.