Which statement best demonstrates candour to the court?

• A. The barrister should deliberately omit unfavorable authorities to strengthen the argument.
• B. Delay correcting errors unless the judge asks.
• C. Withhold controlling authorities unless requested.
• D. Disclose controlling authorities and correct errors promptly.

Answer: (D)

Candour to the court means being honest and transparent in presenting the case, including bringing to the court’s attention any authorities that could affect the outcome and correcting errors as soon as they’re found. This duty is fundamental to the administration of justice, ensuring the court has a complete and accurate view.

Disclosing controlling authorities and correcting errors promptly best demonstrates candour because it actively upholds transparency and fairness, even if by doing so your position is weakened. It shows respect for the court and compliance with professional obligations.

Deliberately omitting unfavorable authorities, delaying corrections unless asked, or withholding authorities unless requested all undermine candour. They can mislead the court, distort the issues, and erode trust in the profession, carrying potential ethical or professional consequences.