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    Duties to the Court

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    Introduction

    1. Introduction: Duties to the Court

    As a solicitor you are an officer of the court, and that status carries obligations that sit above your duty to your client. When the two conflict, your duty to the court wins — you can never mislead a judge or tribunal, even on the client's instructions. This affects daily practice: how you correct an error, prepare a witness, draft a statement of truth, run an advocacy point, or defend someone who has admitted guilt to you.

    This lesson works through where these duties bite and what you must actually do when they do.

    1. Status and Overriding Nature of the Duty — why you are an officer of the court and why this duty outranks your duty to the client.
    2. Misleading the Court and the Duty to Correct — the absolute ban on misleading and the steps to take when something needs putting right.
    3. Witness Evidence — the line between legitimate preparation and prohibited coaching, and rules on inducements.
    4. Disclosure and Court Procedure (Civil) — continuing disclosure duties, statements of truth, and complying with court orders.
    5. Advocacy and Undertakings — citing adverse authority, alleging fraud, without-notice applications, and binding undertakings.
    6. The Criminal Defence Solicitor — acting for a client who has admitted guilt without misleading the court.
    7. The Prosecution Solicitor — the prosecutor's role as a minister of justice and the duty to disclose.

    Next: 2. Status and Overriding Nature of the Duty

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