healthcheck-step-1 Created with Sketch. 1 image/svg+xml
Business, taken personally.

The Duties of Advocates

This document sets out the duties and responsibilities of the firm’s advocates to the court and our client.

Duties to the court

In relation to the court, advocates must:

  • Not knowingly or recklessly deceive or mislead the court or allow another person to do so,
  • Comply with court orders which place obligations upon them
  • Ensure that sensitive evidence is stored securely and is not misused
  • Not make payments to witnesses which are contingent upon the evidence given
  • Draw to the court’s attention all relevant cases and statutory provisions, and any procedural irregularity that is material
  • Not appear as an advocate, or act in litigation, if it is clear that the advocate, or anyone within the advocate’s practice, will be called as a witness in the matter, unless the advocate is satisfied that this will not prejudice their independence as an advocate, or litigator, or the interests of the client or the interests of justice.
  • Not call a witness who the advocate knows will put forward false information
  • Not place him/herself in contempt of court

Duties to the client

Please note that we have obligations to the court (as above) which may cause a conflict to arise between us and our client, which may include the following situations and circumstances:-

  • We cannot put forward arguments to the court which are untrue or misleading
    if the advocate discovers that our client has lied to the court, the advocate will ask the client for consent to tell the court that the client has lied and if that consent is not provided, the advocate will have to stop acting for the client
  • The advocate cannot suggest that any person is guilty of a crime, fraud or misconduct unless there is cogent evidence for such an allegation and it is relevant to the client’s case
  • The advocate cannot put pressure on a witness to influence his/her evidence
  • We cannot create information or facts to support the client’s case
  • We cannot tamper with evidence
  • If a court order is made against the client, we must advise you that you should comply with the order and advise on the consequences if you fail to comply
  • Advocates have an obligation to tell the court of any relevant cases and statutory provisions, and any material procedural irregularity even if it is detrimental to our client
  • Advocates cannot in open court name a third party whose character would be called into question unless it is necessary to do so for the proper conduct of the case
  • Advocates cannot call into question the character of a witness they have cross-examined unless the witness has had the opportunity to answer the allegations during cross-examination