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Advocacy Professional Ethics

346 words (2 pages) Advocacy Help Guide

07 Mar 2018 Advocacy Help Guide Reference this LawTeacher

Professional Ethics

Solicitors owe a duty to their clients to do the best for them. In addition, solicitors owe a duty to the court and the administration of justice. A solicitor owes a duty to the court to act with independence and in the interests of justice. A solicitor must never deceive, or knowingly/recklessly, mislead the court.

For instance, if a client admitted to having misled the court in any material matter relating to the ongoing proceedings a solicitor must not act further in those proceedings unless the client agrees to disclose the truth to the court. A typical example of this would be where the client has misled the court by pleading not guilty when he admits he has misled the court because he has told you he is guilty.

If the client admits his guilt to you, you cannot continue to act on the client’s behalf because you would be deceiving/misleading the court.

Updated 12 March 2026

The core principles described remain broadly accurate. Solicitors’ duties to the court and to the administration of justice, including the prohibition on deceiving or knowingly or recklessly misleading the court, are reflected in the Solicitors Regulation Authority (SRA) Code of Conduct for Solicitors, RELs and RFLs (2019, as updated). In particular, Paragraph 2.1 requires solicitors not to mislead or attempt to mislead clients, the court, or others, and Paragraph 1.4 requires solicitors not to mislead the court. The example concerning a client who admits guilt and the solicitor’s inability to continue acting unless the client agrees to correct the position is consistent with the SRA’s guidance on this point, including its guidance on difficult situations in criminal proceedings.

Readers should note that this article is brief and does not address the full scope of advocacy ethics, including the separate regulatory framework for solicitor-advocates under the SRA Higher Rights of Audience regulations, or the Bar Standards Board rules governing barristers. Students should consult the current SRA Standards and Regulations directly at sra.org.uk for the most up-to-date provisions, as the SRA periodically updates its guidance and codes.

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