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LEGAL PROFESSION UNIFORM LAW AUSTRALIAN SOLICITORS' CONDUCT RULES 2015 - REG 20
Delinquent or guilty clients
20 Delinquent or guilty clients
20.1 A solicitor who, as a result of information provided by the client or a
witness called on behalf of the client, learns during a hearing or after
judgment or the decision is reserved and while it remains pending, that the
client or a witness called on behalf of the client: 20.1.1 has lied in a
material particular to the court or has procured another person to lie to the
court,
20.1.2 has falsified or procured another person to falsify in any way
a document which has been tendered, or
20.1.3 has suppressed or procured
another person to suppress material evidence upon a topic where there was a
positive duty to make disclosure to the court,
must-- 20.1.4 advise the client
that the court should be informed of the lie, falsification or suppression and
request authority so to inform the court, and
20.1.5 refuse to take any
further part in the case unless the client authorises the solicitor to inform
the court of the lie, falsification or suppression and must promptly inform
the court of the lie, falsification or suppression upon the client authorising
the solicitor to do so but otherwise may not inform the court of the lie,
falsification or suppression.
20.2 A solicitor whose client in criminal
proceedings confesses guilt to the solicitor but maintains a plea of not
guilty: 20.2.1 may cease to act, if there is enough time for another solicitor
to take over the case properly before the hearing, and the client does not
insist on the solicitor continuing to appear for the client,
20.2.2 in cases
where the solicitor continues to act for the client: (i) must not falsely
suggest that some other person committed the offence charged,
(ii) must not
set up an affirmative case inconsistent with the confession,
(iii) may argue
that the evidence as a whole does not prove that the client is guilty of the
offence charged,
(iv) may argue that for some reason of law the client is not
guilty of the offence charged, and
(v) may argue that for any other reason
not prohibited by (i) and (ii) the client should not be convicted of the
offence charged,
20.2.3 must not continue to act if the client insists on
giving evidence denying guilt or requires the making of a statement asserting
the client's innocence.
20.3 A solicitor whose client informs the solicitor
that the client intends to disobey a court's order must: 20.3.1 advise the
client against that course and warn the client of its dangers,
20.3.2 not
advise the client how to carry out or conceal that course, and
20.3.3 not
inform the court or the opponent of the client's intention unless: (i) the
client has authorised the solicitor to do so beforehand, or
(ii) the
solicitor believes on reasonable grounds that the client's conduct constitutes
a threat to any person's safety.
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