Western Australian Current Regulations Western Australian Current Regulations 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20.1.4 (Repealed)
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, subject to
the client accepting the constraints set out in
Rules 20.2.2–20.2.8, but not otherwise, continue to act in the
client’s defence,
20.2.2 must not
falsely suggest that some other person committed the offence charged,
20.2.3 must not set up
an affirmative case inconsistent with the confession,
20.2.4 must ensure
that the prosecution is put to proof on its case,
20.2.5 may argue that
the evidence as a whole does not prove that the client is guilty of the
offence charged,
20.2.6 may argue that
for some reason of law the client is not guilty of the offence charged,
20.2.7 may argue that
for another reason not prohibited by Rule 20.2.2 or 20.2.3 the client
should not be convicted of the offence charged, and
20.2.8 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.