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discipline 30 September 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.

59 cases 41% strike-off avg suspension 55.8 mo avg fine 3,625 15 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 2.7 strong 21 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 7 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 rC3.3 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.
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 9 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 7 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 3 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 3 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

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

  • Kesakapillai Raveenderan
    SDT solicitor 11286/2014 2014-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF 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
  • 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
  • Bradfield, John Gordon
    OLSC solicitor Bradfield Anderson Solicitors [2012] NSWADT 49 2012-03-05 found breached

    1. Misappropriated moneys entrusted to him 2. Failure to account for moneys entrusted to him 3. Borrowed money from clients - breached Rule 12 of the Revised Professional Conduct Rules 4. Breached Section 61 of the Lega…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • MARTIN LEE SEGLER
    LPBWA lawyer 572 Hay Street PERTH WA 6000 Legal Practitioners Complaints Committee v Segler [2009] WASAT 205 and [2009] WASAT 205 (S) 2010-03-17 found breached

    Professional Misconduct and Suspended

    Professional Misconduct and Suspended 2 PDFs View decision
  • MARTIN LEE SEGLER
    LPBWA lawyer 572 Hay Street PERTH WA 6000 Legal Practitioners Complaints Committee v Segler [2009] WASAT 91 and [2009] WASAT 91 (S) 2009-07-02 found breached

    Unsatisfactory Conduct by Unprofessional Conduct

    Unsatisfactory Conduct by Unprofessional Conduct 2 PDFs View decision
  • Slowgrove, Bradley
    OLSC barrister [2009] NSWADT 150 2009-06-19 found breached

    1. He settled and advised the sending of a letter by his instructing solicitor to a Magistrate to discourage the Magistrate from sitting and the letter was intended to inappropriately influence, or attempt to influence,…

    Removal of practitioner's name from the Roll of Local Lawyers Reprimand $0.00 Proceedings Instituted 1 PDF View decision
  • John Davidson
    SSDT solicitor John Davidson, Solicitor, Ivybank House, 22 Forrest Street, Airdrie 2009-03-26 found breached
    strike_off No Appeal 1 PDF View decision
  • Paul Michael Hewitt & Another
    SDT solicitor 10368/2009 2009-01-01 found breached

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

    Fine, Strike off 1 PDF View decision
  • JOSEPHINE PEPE
    LPBWA lawyer Level 1, 533 Hay Street PERTH WA 6000 Legal Practitioners Complaints Committee v Pepe [2008] WASAT 246 2008-09-26 found breached

    Unsatisfactory Conduct by reason of Illegal Conduct

    Unsatisfactory Conduct by reason of Illegal Conduct 1 PDF View decision
  • John Robert Peter Middleton
    SDT solicitor 9915/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Richard John Swinburn
    SDT solicitor 9897/2008 2008-01-01 found breached

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

    Strike off 1 PDF View decision
  • Edward William Ellis
    SDT solicitor 9452/2006 2006-01-01 found breached

    Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Bernardo De Abbeville Paz-Penia De Vire
    SDT solicitor 9626/2006 2006-01-01 found breached

    Breaches, Failures

    Suspend - Indefinite 1 PDF View decision
  • Milton Firman
    SDT solicitor 9283/2005 2005-01-01 found breached

    Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Ian Dudley Shaw and Anthony John Nicholas Britnell
    SDT solicitor 9173/2005 2005-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • John Charles Arnold
    SDT solicitor 9343/2005 2005-01-01 found breached

    Breaches, Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Matthew Jones
    SDT solicitor 9165/2005 2005-01-01 found breached

    Others

    S.43 Order (clerks) 1 PDF View decision
  • Damian P Moynihan
    LSI solicitor Moynihan Mulvihill & Co, 6 Cornmarket Street, Cork 2004-07-12 found breached

    In the matter of Damian P Moynihan and Sean A Mulvihill, solicitors, formerly carrying on practice under the style and title of Moynihan Mulvihill & Co at 6 Cornmarket Street, Cork, and in the matter of the Solicitors A…

    strike_off View decision
  • Deborah Ann McKay
    SDT solicitor 8756/2003 2003-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Suspend - Indefinite 1 PDF View decision
  • Michael John Harvey
    SDT solicitor 8599/2002 2002-01-01 found breached

    Breaches, Client Money, Failures, Others

    Strike off 1 PDF View decision
  • Nicholas Adrian Lawrence
    SDT solicitor 8543/2002 2002-01-01 found breached

    Failures, Others

    Strike off 1 PDF View decision
  • Des Murphy
    SDT solicitor 8377/2001 2001-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Barrington E. Frankson
    GLC attorney 5 of 1997 1999-05-01 found breached

    Struck off, Restitution ordered | Disciplinary Committee decision delivered May 01, 1999 | Court of Appeal Decision | Privy Council Decision View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL C…

    Struck off, Restitution ordered 1 PDF View decision
  • Sandra Fenwick
    SDT solicitor 7241/1996 1996-01-01 found breached

    Others

    S.43 Order (clerks) 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.