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discipline 4 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

  • Antoinette Olivia Taylor
    SDT solicitor 11004/2012 2012-01-01 found breached

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

    Strike off 1 PDF View decision
  • Pallichadath Gopalan Nair
    SG-DT lawyer 2011-07-25 found breached
    Struck off the roll with immediate effect 1 PDF View decision
  • Richard Paul Roberts
    SDT solicitor 10835/2011 2011-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF 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
  • 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
  • S Mireskandari & C S Turbin
    SDT solicitor 10411/2009 2009-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • J. Vernon (Jonathan) Ricketts
    GLC attorney 234 of 2006 2008-11-08 found breached

    Struck off again, Already Struck off, Restitution Ordered, Fined | Disciplinary Committee decision delivered November 08, 2008. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. …

    Struck off again, Already Struck off, Restitution Ordered, Fined 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
  • Naveen Sagar
    SDT solicitor 10088/2008 2008-01-01 found breached

    Criminal Convictions

    Strike off 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
  • Millard Decal Spence
    SDT solicitor 10115/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • C F Farrell
    SDT solicitor 9972/2008 2008-01-01 found breached

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

    Strike off 1 PDF View decision
  • Audrey Heslop-Mendez
    GLC attorney 14 of 2001 2007-09-07 found breached

    Restitution Ordered, Already Struck off | Disciplinary Committee decision delivered September 07, 2007. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO. 14/2001 In the Matter of…

    Restitution Ordered, Already Struck off 1 PDF View decision
  • Paul Nicholas Smith
    SDT solicitor 9652/2007 2007-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Suspend - Indefinite 1 PDF View decision
  • Ellen Violet Huggins
    SDT solicitor 9713/2007 2007-01-01 found breached

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

    Strike off 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
  • JANET WALTON
    LPBWA lawyer PO Box 45 OSBORNE PARK WA 6917 Legal Practitioners Complaints Committee v Walton [2006] WASC 213 2006-09-01 found breached

    Struck Off the Roll of Practitioners

    Struck Off the Roll of Practitioners 1 PDF View decision
  • Edward William Ellis
    SDT solicitor 9452/2006 2006-01-01 found breached

    Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Nigel Barry Gladstein
    SDT solicitor 9550/2006 2006-01-01 found breached

    Failures, Others

    S.43 Order (clerks) 1 PDF View decision
  • Shahan Shah Sarmad Khan
    SDT solicitor 9427/2006 2006-01-01 found breached

    Client Money, Solicitors' Accounts Rules

    Strike off 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
  • Matthew Jones
    SDT solicitor 9165/2005 2005-01-01 found breached

    Others

    S.43 Order (clerks) 1 PDF View decision
  • N P Adams and M J Scrace
    SDT solicitor 9073/2004 2004-01-01 found breached

    Breaches, Failures, Others

    Suspend - Fixed Period, Suspend - Indefinite 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.