Counsel

Rules & Guidance Part 111 Fundamental Principles

(Find full details from the barcouncil.org.uk website)

Applicable to all barristers.

A barrister must not engage in conduct which is dishonest or otherwise discreditable, prejudical to the administration of justice or likely to bring the profession into disrepute.

A practising barrister has an overiding duty to the court to act with independence in the interests of justice and must not deceive or knowingly or recklessly mislead the Court.

A barrister must promote and protect a client's best interests.He owes his primary duty to the lay client.

N.B. Some solicitors, if asked, will give clients a copy of their instructions to Counsel and will ask for for a draft copy of a Counsel's opinion for the client. (Can prevent mistakes of fact)

N.N.B. A solicitor can refuse to accept a Counsel's Opinion if it is in the best interests of his client to do so.

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