Duties to the court and 3rd parties

Question 1

What must the solicitor disclose to the court at trial?

Answer 1

Any law that’d have a material effect on the case, regardless of client’s consent
BUT: no duty to disclose detrimental information or witnesses

Question 2

What must the solicitor disclose to the court at a criminal trial?
What must the prosecutor disclose?

Answer 2

All the relevant facts
Prosecutor must notify the defence of any facts helpful to the defence

Question 3

If counsel is instructed in a case, who owes duties to the client?

Answer 3

Solicitor still owes all duties to the client (so, must be satisfied with barrister’s work)

Question 4

Who is liable for counsel’s fees?

Answer 4

Generally the solicitor: so, should require the client ot provide money on account to cover this

Question 5

Can a solicitor contact a 3rd party, if the 3rd party is legally represented?

Answer 5

Shouldn’t, unless:
- only contacting 3rd party to get lawyer’s contact,
- 3rd party’s lawyer consents to direct communication,
- exceptional circumstances

Question 6

What must the solicitor ensure when the opponent in proceedings is vulnerable?

Answer 6

Not to take unfair advantage of them