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discipline 30 September 2026

The duty in context

Not mislead the court court

The lawyer must not knowingly or recklessly mislead or attempt to mislead the court (or permit it to be misled), and must promptly correct any misleading statement once aware of it.

380 cases 54% strike-off avg suspension 14.7 mo avg fine 55,578 121 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.4; CCS 2.4 strong 246 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 rC3.1; rC6; gC4 strong 17 cases
rC3.1 you must not knowingly or recklessly mislead or attempt to mislead the court; rC6 Your duty not to mislead the court will include the following obligations: .1 you must not: .a make submissions, representations or any other statement; or .b ask questions which suggest facts to witnesses which you know, or are instructed, are untrue or misleading. gC4 ... knowingly misleading the court also includes inadvertently misleading the court if you later realise that you have misled the court, and you fail to correct the position.
Cayman Islands Legal Services Code 2026 R.2.1(a); R.2.4 strong
not knowingly or recklessly mislead or attempt to mislead the Court or permit the Court to be misled (R.2.4 applies)
AU Solicitors Solicitors' Conduct Rules Rules 19.1; 19.2 strong 77 cases
19.1 A solicitor must not deceive or knowingly or recklessly mislead the court. 19.2 A solicitor must take all necessary steps to correct any misleading statement made by the solicitor to a court as soon as possible after the solicitor becomes aware that the statement was misleading.
AU Barristers Uniform Barristers Rules rr26-27 strong 29 cases
A barrister must not deceive or knowingly or recklessly mislead the Court. A barrister must take all necessary steps to correct any misleading statement made by the barrister to a court as soon as possible after the barrister becomes aware that the statement was misleading.
IE Solicitors Law Society Guide Ch5 — General; Ch5 — The advocate / conducting litigation strong 3 cases
should assist the court in the administration of justice, and should not deceive, or knowingly or recklessly, mislead the court... A solicitor should not assert what they know to be untrue or substantiate a fraud, as that would amount to a positive deception of the court.
IE Barristers Bar Code of Conduct Rule 5.16; Rule 5.3(e) strong 3 cases
Barristers must not deceive or knowingly mislead the court. A Barrister must take appropriate steps to correct any misleading statement made by the Barrister to the court as soon as possible after the Barrister becomes aware that the statement was misleading.
JM Attorneys Canons of Professional Ethics Canon V(o); Canon VI(cc); Canon IV(q)(ii) strong 8 cases
(o) An Attorney shall not knowingly make a false statement of law or fact. ... (cc) An Attorney shall not knowingly represent falsely to a Judge, a Court or other tribunal or an official of a Court, or other tribunal, that a particular state of facts exists.
JE Lawyers Law Society of Jersey Code R.3.1 a); R.3.4 strong
Members must: a) not knowingly or recklessly mislead or attempt to mislead the court or permit the court to be misled (R.3.4 applies)... Members must not: a) make submissions, representations or any other statement, or b) register, file or otherwise lodge any documents with the court, Judicial Greffe or Viscount, that they know, or are instructed, are untrue or misleading.
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(e) strong
When acting as an advocate, a lawyer shall not ... knowingly attempt to deceive a tribunal or influence the course of justice by offering false evidence, misstating facts or law, presenting or relying upon a false or deceptive affidavit, suppressing what ought to be disclosed, or otherwise assisting in any fraud, crime, or illegal conduct
BC Lawyers BC Code r 5.1-2(e) strong 7 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, misstating facts or law, presenting or relying upon a false or deceptive affidavit, suppressing what ought to be disclosed or otherwise assisting in any fraud, crime or illegal conduct;
NZ Lawyers Conduct & Client Care Rules r 13.1 strong
A lawyer has an absolute duty of honesty to the court and must not mislead or deceive the court.
SCO Solicitors LSS Standards of Conduct B1.13 strong 8 cases
You must never knowingly give false or misleading information to the court.
SG Lawyers Professional Conduct Rules 2015 r 9 (Conduct of proceedings) partial 6 cases
9 Conduct of proceedings
HK Solicitors Solicitors' Guide Principle 10.03 strong
A solicitor must never knowingly attempt to deceive or participate in the deception of a court. ... He must not, however, himself knowingly put forward or let his client put forward false information with intent to mislead the court.
HK Barristers Bar Code of Conduct para 10.30 strong
A practising barrister must not knowingly deceive or mislead the Court.

Cases dealing with this duty

Clear

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

  • Angelovski, Lupco Vanchov
    OLSC solicitor (Formerly) B J Murphy Angelovski & Associates|(Formerly) Morgan Ardino & Co [2013] NSWADT 93 2013-05-02 found breached

    1. Failed to attend court to instruct Counsel when instructed to do so and when in receipt of a grant of Legal Aid to so attend 2. Failed to act in accordance with Legal Aid Practice Standards 3. Recklessly misled the O…

    Additional Orders made by the Tribunal (see Tribunal decision) Reprimand $0.00 Proceedings Instituted View decision
  • MEGAN MARIE IN DE BRAEKT
    LPBWA lawyer 336 Albany Highway VICTORIA PARK WA 6100 Legal Profession Complaints Committee v In De Braekt [2013] WASC 124 2013-04-12 text match

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 1 PDF View decision
  • Flynn, Mark Joseph
    OLSC solicitor (Formerly) Mark Flynn & Associates Pty Ltd [2013] NSWADT 70 2013-04-03 found breached text match

    Professional Misconduct: 1. Produced false trust account records 2. Breached his written undertaking 3. Attempted to mislead client's former solicitor 4. Failed to comply with undertaking dated 8 December 2008 5. Commun…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Paul Francis Fallon
    SDT solicitor 11163/2013 2013-01-01 text match

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

    Strike off 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
  • Paul, Anthony Donald Evans
    OLSC solicitor Creaghe Lisle [2012] NSWADT 280 2012-12-04 found breached text match

    1. Appropriated to his own use the proceeds of cheques 2. Concealed from his partners that the Solicitor had appropriated to his own use the proceeds of cheques 3. Misled the Court 4. Forged signature on a trust cheque …

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • ANDREW PAUL SKERRITT
    LPBWA lawyer Level 7, 524 Hay Street PERTH WA 6000 Legal Profession Complaints Committee v Skerritt [2012] WASAT 221 2012-11-09 text match

    Professional Misconduct and suspended to 31 May 2013

    Professional Misconduct and suspended to 31 May 2013 1 PDF View decision
  • Terence Robert PURYER
    LSC-QLD solicitor Puryer & Co 2012-11-02 text match

    Guilty of professional misconduct on 2 charges.

    other 1 PDF View decision
  • Nash, Christine
    OLSC barrister Ada Evans Chambers [2012] NSWADT 220 2012-10-29 text match

    Misleading the Court — Professional Misconduct

    Costs Removal of practitioner's name from the Roll of Local Lawyers (26/03/2013 Disciplinary Action) $0.00 Appeal Status: Upheld in Part Appeal Decision View decision
  • Fitzsimons, Christopher Ronald
    OLSC solicitor C R Fitzsimons [2012] NSWADT 285 2012-09-11 found breached text match

    1. Misappropriation 2. Breaches of Section 254 of the Legal Profession Act 2004 - Failure to deposit trust money in a general trust account/failure to deal with money as directed 3. Breaches of Section 257 of the Legal …

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Lo, Kevin
    OLSC solicitor Kevin Lo & Co Solicitors [2012] NSWADT 21 2012-08-08 found breached

    1. Falsely declared information concerning trust money 2. Failed to comply with Sections 253,254,255, 256 and 260 of the Legal Profession Act 2004 - dealing with trust accounts and trust money 3. Misled trust account in…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Mee Ling, Paul Adrian
    OLSC solicitor Mee Ling [2012] NSWADT 146 2012-07-25 text match

    Application no. 102024: 1. Failure to comply with undertaking 2. Failure to comply with condition on practising certificate 3. Failure to respond to the Society’s correspondence Application no. 102025: 1. Failure to pay…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Sheehan, Marshall
    OLSC solicitor (Formerly) Marshall Sheehan & Associates [2012] NSWADT 100 2012-05-24 found breached

    1. Transferring costs without authority 2. Failure to render accounts 3. Making unlawful/unauthorised drawings from trust funds 4. Wilfully breaching section 61 of the Legal Profession Act, 1987 - handling of trust mone…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • Flynn, Mark Joseph
    OLSC solicitor Mark Flynn & Associates Pty Ltd 2012-03-15 text match

    1. Appended the signature of a witness to a document and in doing so, purported to have signed the document before the said witness. 2. Mislead or attempted to mislead the Court

    Suspension of Practising Certificate until 30 June 2012 $0.00 Manager Appointed: Yes Manager Appointed View decision
  • Dlakic, Amil
    OLSC solicitor Johnston Vaughan 2012-01-18 text match

    1. Made misleading statements to the Court 2. Abuse of process — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $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
  • Nosa Kings Erhunmwunsee
    SDT solicitor 10947/2012 2012-01-01 found breached

    Breaches, Client Money, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • James Campbell Kilpatrick
    SDT solicitor 10906/2012 2012-01-01 found breached

    Breaches, Others

    Strike off 1 PDF View decision
  • Andrew William Shaw & Craig Stephen Turnbull
    SDT solicitor 10999/2012 2012-01-01 found breached text match

    Breaches, Failures

    Strike off 1 PDF View decision
  • Issac Agyemang Baffour
    SDT solicitor 11042/2012 2012-01-01 text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Anwaar Ul Haq & Sridevi Veldandi
    SDT solicitor 10925/2012 2012-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off, Strike Off Register of Foreign Lawyers 1 PDF View decision
  • Young, Lesley Mcintosh
    OLSC solicitor Stacks/Family Law Pty Ltd 2011-08-11 text match

    Mislead the Court — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $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
  • Georgia Chin Hua LIM
    LSC-QLD solicitor McMillan Legal 2011-06-16 found breached text match

    Guilty of professional misconduct on 1 charge.

    other 1 PDF View decision
  • SALLY MARJORIE VANDERFEEN
    LPBWA lawyer PO Box 9991 PERTH WA 6848 Legal Profession Complaints Committee v Vanderfeen [2011] WASAT 118 and [2011] WASAT 118 (S) 2011-04-27 found breached text match

    Professional Misconduct

    Professional Misconduct 2 PDFs View decision
  • Kumar, Vijay
    OLSC solicitor VK Solicitors & Associates 2011-03-14 text match

    As directed by the Legal Services Commissioner. 1. Obstructed the Commissioner 2. Mislead the Commissioner 3. Mislead the Court

    Suspension of Practising Certificate $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
  • CARMEL MARY FITZPATRICK
    LPBWA lawyer PO Box 812 MANDURAH WA 6210 Legal Profession Complaints Committee v Fitzpatrick [2011] WASAT 20 2011-02-02 found breached

    Professional Misconduct

    Professional Misconduct 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.