The duty in context
No improper communication with the court court
The lawyer must not communicate with the court on a matter of substance in the opponent's absence except where permitted, and must promptly disclose to the opponent any such communication.
How the codes express this duty
E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rules 22.5; 22.6 strong 110 cases
22.5 A solicitor must not, outside an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the court concerning any matter of substance in connection with current proceedings unless: ... 22.6 A solicitor must promptly tell the opponent what passes between the solicitor and a court in a communication referred to in Rule 22.5.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr53-54 strong 50 cases
A barrister must not, outside an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the court concerning any matter of substance in connection with current proceedings unless [permitted]. A barrister must promptly tell an opponent what passes between the barrister and a court in a communication referred to in Rule 53.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch5 — Communication with the court strong 83 cases
A solicitor should not discuss the merits of a case with the judge, registrar, clerk or other official before whom a case is pending. Where during the case a written communication to the court is required, the solicitor should deliver a copy of the communication to the opposing party.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 5.28; Rule 5.29 strong 83 cases
Barristers shall not approach a Judge to discuss with them any matter then pending or at hearing before that Judge without the consent of the Judge and their opposing lawyer or lay litigant being present during such approach.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon V(i) partial 38 cases
In any proceeding in a Court an Attorney shall not communicate or cause any other person to communicate with a juror as to the merits of such proceedings, and shall only do so with a Judge or person exercising Judicial functions:- (i) in the normal course of the proceedings, or (ii) where authorised by law, or the practice of the Courts or with the consent of the parties.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code G.3.4 partial
Members must not discuss the merits of a case with a member of the judiciary before whom a case is pending or by whom it may be heard unless invited to do so in the presence of the lawyer for the other side.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 5.1-2(d) partial
When acting as an advocate, a lawyer shall not ... endeavour or allow anyone else to endeavour, directly or indirectly, to influence the decision or action of a tribunal or any of its officials in any case or matter by any means other than open persuasion as an advocate
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 2.1-2(d) partial 24 cases
A lawyer should never seek privately to influence a court or tribunal, directly or indirectly, in the lawyer's or a client's favour, nor should the lawyer attempt to curry favour with juries by fawning, flattery or pretended solicitude for their personal comfort.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.2.2 strong
A lawyer must not discuss any case or matter before the court with any judicial officer involved in the proceeding either formally or informally outside of the rules of procedure ... In cases of doubt, the lawyers for other parties (or if a party is not represented, then the party concerned) should be informed of any matters being brought before the court.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 30 (Communication with court) partial 10 cases
30 Communication with court
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 10.02 Commentary 2-3 strong
Except in the course of an application to the court, a solicitor must not discuss the merits of the case with a judge, magistrate or other adjudicator before whom a case is pending ... unless invited to do so in the presence of the solicitor or barrister for the other side ... a solicitor shall at the same time deliver a copy of it to his professional adversary.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 10.48 strong
A practising barrister must not, outside of an ex parte application or a hearing of which an opponent has had proper notice, communicate in the opponent's absence with the Court concerning any matter of substance in connection with current proceedings unless ... A practising barrister must promptly inform an opponent of what has passed between the barrister and the Court in a communication referred to in sub-paragraph (a) hereof.
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
765 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
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Ivan John Poole
Charges 1 and 4 the respondent's conduct amounts to professional misconduct. Charges 2 and 3 the respondent's conduct amounts to unsatisfactory professional conduct.
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James (Seamus) Doody
In the matter of James (Seamus) Doody, solicitor, practising in Doody Solicitors, 21 South Mall, Cork, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal [6285/DT17…
strike_off View decision -
James (Seamus) Doody
In the matter of James (Seamus) Doody, solicitor, practising in Doody Solicitors, 21 South Mall, Cork, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal [2017/DT84…
strike_off View decision -
Maurice B O’Sullivan
In the matter of Maurice B O’Sullivan, a solicitor practising as Maurice O’Sullivan & Company Solicitors, at 9 Colbert Street, Listowel, Co Kerry, and in the matter of the Solicitors Acts 1954-2015 [2017/DT24, 2017/DT38…
strike_off View decision -
Michael Doody
In the matter of Michael Doody, solicitor, principal at Doody Solicitors, 21 South Mall, Cork, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal [2017/DT85 and 201…
other View decision -
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Donald Alexander Boyd
Rule 4-29 Admission of Misconduct and Undertaking | Summary
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Yakenian, Dickran
1. Applied for default judgment knowing the defendants intended to file defences and without notice to the defendants and contrary to the duty to the administration of justice 2. Misled the defendants into believing the…
Costs Fine Practitioner to undertake and complete further legal education Reprimand $7,500.00 1 PDF View decision -
Roy Swartzberg
Rule 4-29 Admission of Misconduct and Undertaking | Summary
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Howard A. Lettman
Guilty of Professional Misconduct | Disciplinary Committee decision delivered May 25, 2019. || Suspended until Restitution Complete | Disciplinary Committee decision delivered June 22, 2019. View PDF DECISION OF THE DIS…
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Alan Lloyd
In the matter of Alan Lloyd, a solicitor formerly practising in the firm of AM Maloney & Co, Solicitors, Harbour Street, Tullamore, Co Offaly, and in the matter of an application by the Law Society of Ireland to the Sol…
strike_off View decision -
Karras, Bill George
Communicating with the court without opponent's consent — Unsatisfactory Professional Conduct
Reprimand $0.00 Appeal Status: Withdrawn 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 -
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Howard A. Lettman
Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 09, 2019. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 124/2015 IN THE MATTER OF PATRICIA…
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Nagle, Peter Richard
1. Borrowed money from his client - breach r 47 of the of NSW Barristers’ Rules 2014 2. Failed to disclose to his client all matters required to be disclosed in the case of a direct access retainer between a barrister a…
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Damien Cassidy
In the matter of Damien Cassidy, a solicitor practising as Walker & Co, Solicitors, 22 Sandymount Road, Dublin 4, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal…
strike_off View decision -
Winter, Ronald William
1. Pursuing recovery of Court ordered costs on behalf of a company, and representing to the self represented opponent that he was purporting to act as solicitor for the company, at a time and in circumstances where he b…
Costs Fine Practitioner to undertake and complete further legal education Reprimand $10,000.00 2 PDFs View decision -
Roger Paul Jackson & Second Respondent & Third Respondent
Breaches, Failures
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Alastair James McGregor Gilfillan
Breaches
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Biplab Kumar Poddar
Breaches, Solicitors' Accounts Rules
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John Leonard Turner
Breaches, Solicitors' Accounts Rules
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Thomas O’Donoghue
In the matter of Thomas O’Donoghue, a solicitor formerly practising as principal of O’Donoghue & Co, Solicitors, 2 Egan’s Lane, Tuam, Co Galway, and in the matter of an application by the Law Society of Ireland to the S…
strike_off View decision -
Paul Cunningham
In the matter of Paul Cunningham, solicitor, formerly practising as Cunningham Solicitors, 8 Emily Square, Athy, Co Kildare, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplina…
strike_off 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.