Guidance on Pleading Fraud

Question 1

What does the Code of Conduct say about making Allegations of FRAUD?

( - 3 Points)

Answer 1

• a barrister should not DRAFT a document containing an ALLEGATION of FRAUD UNLESS he has clear INSTRUCTIONS to make such allegations and he has in before him REASONABLY CREDIBLE MATERIAL which as it stands establishes a PRIMA FACIE case of fraud.

NOTE:
the evidence that counsel should have before him need not be in ADMISSIBLE form but he should have MATERIAL of such character as to lead responsible counsel to conclude that serious allegations should be based upon it.
- There is no litmus test but counsel should exercise an OBJECTIVE PROFESSIONAL JUDGEMENT and decide whether it is proper to LEND HIS NAME to the allegation.
- The decision will vary from case to case depending on the facts of individual cases.
- Even thought the code refers specifically to FRAUD, the same principle would apply to any other allegation of SERIOUS MISCONDUCT