Duties, rights and obligations of 'certified authorised' legal professionals

What to expect from solicitors and barristors

England and Wales

Under our common law rights expressed by The Lord Chief Justice in Brett v SRA [2014] EWHC 2974 (Admin) that:

"…misleading the court is regarded by the court and must be regarded by any disciplinary tribunal as one of the most serious offences that an advocate or litigator can commit. It is not simply a breach of a rule of a game, but a fundamental affront to a rule designed to safeguard the fairness and justice of proceedings. Such conduct will normally attract an exemplary and deterrent sentence. That is in part because our system for the administration of justice relies so heavily upon the integrity of the profession and the full discharge of the profession's duties and in part because the privilege of conducting litigation or appearing in court is granted on terms that the rules are observed not merely in their letter but in their spirit. Indeed, the reputation of the system of the administration of justice in England and Wales and the standing of the profession depends particularly upon the discharge of the duties owed to the court."

The following are additionally legal obligations of officers of the court under the Legal Services Act 2007 [1]; Part 1, specifically Section (1) (a) (b) and (h), where, as an "authorised person" at (2), who are obliged under (3) to adhere to their "professional principles", as detailed in the Solicitors Regulation Authority SRA Handbook [2], the Bar Standards Board BSB Handbook [3] and CILEx CODE OF CONDUCT [4], and specifically I draw your attention to;

Rule of Law

  1. They have an overriding duty and obligation to uphold the rule of law and the constitutional principle of the rule of law, and
  2. Their duty to the court overrides their duty to their client, and
  3. They have an obligation to provide the court with all relevant law, including dissenting opinions which may undermine their clients case.
  4. Special care must be taken with litigants in person to use plain language, not to take advantage by bullying and unjustifiable threats or misleading or deceitful behaviour.

Honesty

  1. They must not attempt to deceive or knowingly or recklessly mislead the court, and

Equitably

  1. No one can claim what they cannot rightfully claim, and
  2. No one can create a dispute where none exists.

 

[1] https://www.legislation.gov.uk/ukpga/2007/29/contents

[2] https://www.sra.org.uk/solicitors/standards-regulations/

[3] https://www.barstandardsboard.org.uk/uploads/assets/de77ead9-9400-4c9d-bef91353ca9e5345/fdf622a6-ec2a-469f-9e0af0b7a55edcd3/second-edition-test31072019104713.pdf

[4] https://cilexregulation.org.uk/wp-content/uploads/2018/11/2.-Code-of-Conduct-2019.pdf