When ethics concerns arise in protracted or complex proceedings, which steps should a barrister take?

• A. Immediately withdraw from the case regardless of other factors.
• B. Seek guidance, assess conflicts, and consider withdrawal or seeking court direction.
• C. Ignore the ethics concerns to avoid delay.
• D. Refer the matter to the client for decision.

Answer: (B)

In protracted or complex proceedings, ethics concerns must be managed proactively rather than reacted to impulsively. The right approach is to seek guidance on how the concerns apply, carefully assess any actual or potential conflicts of interest, and then decide on the appropriate course—either continuing with appropriate safeguards, withdrawing, or seeking directions from the court.

Seeking guidance ensures you interpret and apply the ethical rules correctly in the specific context. Assessing conflicts involves identifying any real or potential interests that could affect loyalty, confidentiality, or impartiality, and considering whether safeguards (like screening or informed consent) could resolve them. If the conflict cannot be managed, withdrawal may be necessary to protect the integrity of the proceedings and the client’s interests, but often the correct path is to seek court direction to resolve the issue—such as by appointing separate representation or determining permissible conduct.

This approach upholds the duties to the client, the court, and the administration of justice, and helps avoid unnecessary delay or compromised representation. Ignoring ethics concerns, withdrawing unilaterally without guidance, or deferring to the client to decide the matter would risk unfairness and professional risk.