During a hearing, if misconduct by the client or a witness is discovered and a decision is pending, which statement correctly reflects the duty if the client authorizes informing the court?

• A. The barrister must refuse to take any further part in the case unless the client authorizes informing the court; if authorized, promptly inform the court.
• B. The barrister must inform the court immediately.
• C. The barrister must continue as before.
• D. The barrister should withdraw and inform the court regardless.

Answer: (A)

The crucial idea is that a barrister must follow the client’s instructions about disclosure, while upholding honesty to the court. If misconduct by the client or a witness is found and a decision is pending, the barrister cannot disclose that information to the court unless the client expressly authorizes informing the court. If the client does authorize disclosure, the barrister must inform the court promptly so the court can deal with the matter fairly. If there is no client authorization, the barrister should not participate further in the case; withdrawing avoids continuing to participate in or enable the misconduct. This maintains client confidentiality and control over disclosure, while ensuring the court can receive information when properly authorized and without the barrister acting against the client’s instructions.