What is candour to the court?

• A. The duty to be honest and not mislead; disclose controlling authorities and correct errors promptly.
• B. The duty to mislead the court to win.
• C. You may withhold adverse authorities.
• D. You must reveal only favorable authorities.

Answer: (A)

Candour to the court means you must be frank and truthful in your submissions, not mislead the court, and actively help the court with the full picture. This includes presenting the law accurately, disclosing controlling authorities that bind the issue and, importantly, bringing to the court’s attention any adverse authorities or material points that might undermine your case. If you realize you’ve stated something incorrectly or you’ve been misled the court, you have a duty to correct that promptly. The best answer reflects these obligations: honesty and not misleading, disclosure of authorities (including those that are adverse), and prompt correction of errors. The other options would require misleading the court or withholding relevant authorities, which would breach the duty of candour.