Which of the following is NOT a key category of duties a barrister owes to the court?

• A. Duty of candour in the presentation of the facts
• B. Duty of candour in the presentation of the law
• C. Duty to the administration of justice and not to abuse court processes
• D. Duty to inform the client about alternatives to litigation

Answer: (D)

The central idea is what duties a barrister owes to the court. The duties to the court include being candid about the facts and about the law when presenting a case, and not abusing court processes in order to obstruct or manipulate the administration of justice. Candour about the facts means not withholding material information or presenting facts dishonestly. Candour about the law means not misrepresenting authorities or concealing adverse authorities. The obligation to uphold the administration of justice and refrain from abusing court processes underpins how advocacy should be conducted within the courtroom.

Informing the client about alternatives to litigation, however, sits at the level of advice to the client rather than a direct obligation to the court. It concerns the barrister’s duty to the client to provide honest, practical guidance on options for resolving the dispute, which may include settlement or alternative dispute resolution. While this is an important professional duty, it is not one of the barrister’s duties to the court itself.