A solicitor is an officer of the court, and where loyalty to the client collides with the administration of justice, the duty to the court prevails.
Almost every hard problem in this area arises when a client wants something the court must not be denied — the truth. This chapter begins with the status and overriding nature of the duty and the breadth of bodies to which it applies, then works through the prohibition on misleading the court and the obligation to correct errors, including where a client refuses to put right perjured evidence. It moves on to the line between witness preparation and coaching, the continuing duty of disclosure in civil proceedings, statements of truth and compliance with court orders, and the advocacy rules on adverse authority, allegations of fraud, without-notice applications and undertakings. It closes with the distinct positions of the criminal defence solicitor acting for a client who has admitted guilt and the prosecution solicitor, whose role is to assist justice rather than to win.
