Under Rule 78, what must a barrister do if informed during the case that the client lied before judgment?

• A. Inform the court immediately.
• B. Request the client's consent to inform the court; if consent refused, withdraw from the case.
• C. Do nothing.
• D. Inform the client only.

Answer: (B)

When a barrister learns that the client lied before judgment, the duty is to balance candour to the court with respecting the client’s instructions. Rule 78 directs that the barrister first approach the client and seek consent to inform the court about the lie. If the client agrees, the barrister can disclose the truth to the court and continue the matter appropriately. If the client refuses, the barrister must withdraw from the case rather than continuing to represent someone who intends to rely on false evidence. This protects the integrity of the proceedings while preserving as much confidentiality as possible and avoids the barrister facilitating deception.

Informing the court immediately without client consent would bypass the client’s instructions and confidentiality, doing nothing fails to address the need to correct the record, and informing the client alone does not rectify the situation with the court.