Must a barrister disclose adverse authorities even if they are unfavorable to their case?

• A. Yes; the duty is to present the law fairly, including adverse authorities.
• B. No; the barrister can ignore unfavorable authorities.
• C. Only if the judge asks for them.
• D. Only with consent of client.

Answer: (A)

The main idea is that a barrister has a duty to the court to present the law fairly, which includes disclosing authorities that run counter to their client's position. When a case turns on a point of law, judges rely on all relevant authorities to decide the proper legal rule and its application. If a barrister withholds an adverse authority, it can mislead the court and undermine the integrity of the process. Therefore, even if the authority is unfavorable, it should be disclosed and then explained why it does not support the client’s case or how the facts distinguish it.

In practice, you acknowledge the adverse authority and address it—showing why your position still holds or why the adverse authority is distinguishable or limited. This reflects the higher duty to the court over personal advantage or convenience, and it does not depend on a judge asking for it or on client consent.