Proper basis for allegations court

2.4 You only make assertions or put forward statements, representations or submissions to the court or others which are properly arguable.

SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗

rC7.3 you must not make a serious allegation against any person, or suggest that a person is guilty of a crime with which your client is charged unless: .a you have reasonable grounds for the allegation; and .b the allegation is relevant to your client's case or the credibility of a witness; and .c where the allegation relates to a third party, you avoid naming them in open court unless this is reasonably necessary. rC9.2.c any allegation of fraud, unless you have clear instructions to allege fraud and you have reasonably credible material which establishes an arguable case of fraud;

BSB Handbook · current · archived copy · official source ↗

make a serious allegation against any person, or suggest that a person is guilty of a crime with which the attorney-at-law's client is charged unless — (i) there are reasonable grounds for the allegation; (ii) the allegation is relevant to the client's case or the credibility of a witness... any allegation of fraud, unless the attorney-at-law has clear instructions to allege fraud and has reasonably credible material which establishes an arguable case of fraud

Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy

21.3 A solicitor must not allege any matter of fact in: ... unless the solicitor believes on reasonable grounds that the factual material already available provides a proper basis to do so. 21.4 A solicitor must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the solicitor believes on reasonable grounds that: 21.4.1 available material by which the allegation could be supported provides a proper basis for it; and 21.4.2 the client wishes the allegation to be made...

Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗

A barrister must not allege any matter of fact ... unless the barrister believes on reasonable grounds that the factual material already available provides a proper basis to do so. A barrister must not allege any matter of fact amounting to criminality, fraud or other serious misconduct against any person unless the barrister believes on reasonable grounds that ... a proper basis for it; and ... the client wishes the allegation to be made.

Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗

A solicitor should not make allegations of professional negligence or issue proceedings alleging professional negligence in the absence of supportive independent expert evidence.

Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗

A Barrister shall not settle a pleading claiming fraud without express instructions and without having satisfied himself that there is or will be available at the trial of the action evidence to support such a claim.

Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗

Members must not: ... c) make a serious allegation against any person, or suggest that a person is guilty of a crime with which their client is charged unless: i) they have reasonable grounds for the allegation; and ii) the allegation is relevant to their client's case or the credibility of a witness... [R.4.2 b)iii)] not draft any... document containing... iii) Any allegation of fraud, unless the member has clear instructions to allege fraud and has reasonably credible material which establishes an arguable case of fraud.

Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗

When acting as an advocate, a lawyer shall not ... knowingly assert as true a fact when its truth cannot reasonably be supported by the evidence or as a matter of which notice may be taken by the tribunal

Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗

When acting as an advocate, a lawyer must not: ... (g) knowingly assert as fact that which cannot reasonably be supported by the evidence or taken on judicial notice by the tribunal;

Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗

A lawyer must not be a party to the filing of any document in court alleging fraud, dishonesty, undue influence, duress, or other reprehensible conduct, unless the lawyer has taken appropriate steps to ensure that reasonable grounds for making the allegation exist.

Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗

9 Conduct of proceedings

Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗

Breaches of this Principle include: ... (b) knowingly asserting something as a fact for which there is no reasonable basis in evidence, or the admissibility of which must first be established ... This Principle also prohibits a solicitor from making or instructing a barrister to make an allegation which is scandalous. ... A solicitor should not, in a plea in mitigation, make or instruct a barrister to make an allegation which is likely to vilify or insult any person, without having first satisfied himself that there are reasonable grounds for making the statement.

Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗

A practising barrister instructed to draft or settle a court document ... He may not:- (a) make any allegation unsupported by his instructions; (b) allege fraud unless he has clear instructions to make such allegation and he has before him reasonably credible material which, as it stands, establishes a prima facie case of fraud;

Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗