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discipline 30 September 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.

157 cases 64% strike-off avg suspension 34.3 mo avg fine 139,500 39 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 1.4; CCS 2.4 partial 119 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 8 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 11 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 8 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 3 cases
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 3 cases
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 4 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 4 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

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

  • Robert John GOULD
    LSC-QLD solicitor HSH Lawyers 2016-12-16 found breached

    Unprofessional conduct and Professional Misconduct

    other 1 PDF View decision
  • Lloyd Aneke
    BTAS barrister Inner 2016-05-25 found breached
    strike_off Final 1 PDF View decision
  • MANRAJ SINGH KHOSA
    LPBWA lawyer Suite C1 58 Newcastle Street PERTH WA 6000 Legal Profession Complaints Committee v Khosa [2015] WASAT 107 (S) 2016-05-16 found breached

    Suspended

    Suspended 2 PDFs View decision
  • Mohammed Zahir Uddin
    SDT solicitor 11489/2016 2016-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Martin Christie
    BTAS barrister Gray's Inn 2015-10-26 found breached
    strike_off appeal dismissed 1 PDF View decision
  • Frances Brough
    BTAS barrister Gray's Inn 2015-03-23 found breached
    strike_off Final 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
  • Fergus Appelbe
    LSI solicitor Appelbe & Co, Solicitors, 34 South Main Street, Bandon, Co Cork 2014-10-13 found breached

    In the matter of Fergus Appelbe, solicitor, formerly practising in the firm of PJ O’Driscoll, 41 South Main Street, Bandon, Co Cork, and now practising as Appelbe & Co, Solicitors, 34 South Main Street, Bandon, Co Cork,…

    conditions View decision
  • Tammy McNally
    BTAS barrister Middle Temple 2014-07-15 found breached
    strike_off Final 1 PDF View decision
  • Kanwar Bhan
    SDT solicitor 11320/2014 2014-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Reprimand, Strike off 1 PDF View decision
  • David Beard
    BTAS barrister Lincoln's Inn 2013-07-22 found breached
    strike_off Final 1 PDF View decision
  • NICHOLAS (NI KOK) CHIN
    LPBWA lawyer Legal Profession Complaints Committee v Chin [2012] WASAT 2012-04-24 found breached

    Professional Misconduct and Unsatisfactory Professional Conduct

    Professional Misconduct and Unsatisfactory Professional Conduct 2 PDFs 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 at 42 Woodley Park, Kilmacud, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [6970/DT35/10; …

    strike_off View decision
  • Ng Bock Hoh Dixon
    SG-DT lawyer Dixon Ng & Co 2011-09-28 rule cited
    Struck off the roll with immediate effect 1 PDF View decision
  • CORRIN LINDSAY CAINE
    LPBWA lawyer 38 Kings Park Road WEST PERTH WA 6009 Legal Profession Complaints Committee v Caine [2010] WASAT 178 and [2010] WASAT 178 (S) 2010-12-08 found breached

    Unsatisfactory Professional Misconduct

    Unsatisfactory Professional Misconduct 2 PDFs View decision
  • A Kyriacou - Y Mohammed
    SDT solicitor 10517/2010 2010-01-01 found breached

    Breaches, Criminal Convictions, Failures, Solicitors' Accounts Rules, Others

    S.43 Order (clerks), Suspend - Fixed Period 1 PDF View decision
  • Howard Robert Gillespie Young
    SDT solicitor 10661/2010 2010-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • A S Sikh
    SDT solicitor 10670/2010 2010-01-01 text match

    Failures, Solicitors' Accounts Rules, Others

    Fine, Strike off, Suspend - Fixed Period 1 PDF View decision
  • Hart, John Peter
    OLSC barrister [2009] NSWADT 252 2009-09-30 rule cited

    1. Failed to promptly or within a reasonable time return to a client money paid in advance where demand was made for its return 2. Failed to provide a cost disclosure to a client upon receipt of instructions to act on h…

    Costs Fine Impose conditions on Practising Certificate Reprimand $5,000.00 Proceedings Instituted 1 PDF View decision
  • Anthony Hershel Blok
    SDT solicitor 10395/2009 2009-01-01 found breached

    Criminal Convictions

    Prohibition Order 1 PDF View decision
  • O M O Ijaola
    SDT solicitor 10380/2009 2009-01-01 found breached

    Others

    S.43 Order (clerks) 1 PDF View decision
  • NINO DE PARDO
    LPBWA lawyer The Old Swan Brewery 173 Mounts Bay Road CRAWLEY WA 6009 Legal Practitioners Complaints Committee v De Pardo [2007] WASC 266 2007-10-19 found breached

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 1 PDF View decision
  • Malcolm Reginald Brown
    SDT solicitor 9707/2007 2007-01-01 found breached

    Breaches, Client Money, Failures, Others

    Strike off 1 PDF View decision
  • Neil Cloutman
    SDT solicitor 9806/2007 2007-01-01 found breached

    Criminal Convictions

    Strike off 1 PDF View decision
  • Alan Monro Simpson
    SSDT solicitor Alan Monro Simpson, 48 Thomson Drive, Bearsden, Glasgow 2006-05-04 found breached
    strike_off No Appeal 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.