Question

A barristers duty NOT to mislead the court, means they should NOT what?

Answer 1

A barrister's duty not to mislead the court under UK law means not deliberately misrepresenting or withholding essential information during proceedings, even if they believe it could be damaging to their client's case. Violations of these ethical obligations can result in professional misconduct charges.

Step-by-step explanation:

The duty of a barrister not to mislead the court stems from the ethical obligation that barristers have towards maintaining the integrity of the legal process. This means they should not deliberately misrepresent any facts, laws, or rules of evidence to the court. This also extends to not omitting information that is crucial to the outcome of the case. For instance, if a barrister is aware that their client has a prior criminal record, they cannot withhold this information, even if it would be disadvantageous to their client's case.

This duty safeguards the fair administration of justice and reaffirms the vital role barristers play in the proper functioning of the legal system in the United Kingdom. Importantly, non-compliance with these principles may lead to professional misconduct proceedings against the barrister.

Learn more about Ethical Obligations of Barristers

Answer 2

A barrister's duty to not mislead the court means they should not provide false information, make inaccurate statements, or withhold important information that could impact the case.

Step-by-step explanation:

A barrister's duty to not mislead the court means they should not provide false information, make inaccurate statements, or withhold important information that could impact the case. This duty is crucial to maintain the integrity of the legal system and ensure a fair trial. By adhering to this duty, barristers uphold the principle of honesty and help maintain the trust of the court and the public.

Learn more about Barrister's duty to not mislead the court