If a barrister suspects a client intends to mislead the court, what should they do?

• A. Advise against the course of action, emphasise truthfulness, and consider withdrawal or reporting as required.
• B. Encourage the client to proceed with misleading arguments.
• C. Keep silent about the risk and continue.
• D. Suggest fabricating evidence.

Answer: (A)

When a barrister suspects a client intends to mislead the court, the key duty is to prevent falsehood and protect the integrity of the proceedings. The barrister should firmly explain that honesty is essential and that misleading the court is not permissible. They should encourage truthfulness and lawful conduct, outlining the consequences of perjury or misrepresentation.

If the client persists in pursuing a misleading course, the barrister must consider withdrawing from the case to avoid facilitating the wrongdoing. Depending on the rules and the situation, there may also be a duty to report the risk or the misrepresentation to the court or relevant professional authorities.

The other options undermine ethical obligations: encouraging misleading arguments would breach the duty to the court; remaining silent allows harm to proceed without addressing it; fabricating evidence is illegal and would violate fundamental professional standards.