Ethics for Litigators

The environment of litigation raises particular ethical issues. In particular the adversarial framework leads to a risk that lawyer will do things for their client which may obstruct the legal process. The extent to which this is permissible or appropriate is at the centre of any discussion of litigation ethics.

Two primary obligations of a lawyer are the over-riding duty the lawyer has as an officer of the Court to the Court and the relationship of confidence to the client. In addition the obligation of loyalty owed to the client can be in tension with the duty to the Court.

This seminar focuses particularly on ethical issues pertaining to litigators while recognising that there can be significant overlap with every day practice as a solicitor. The topics covered in this booklet are intended to help practitioners in litigation develop a deeper understanding of the application of the professional rules applicable to litigation in order to avoid pitfalls leading to censure from courts and complaint from clients. It also seeks to provide a deeper appreciation of the fundamental importance of the duties of professionalism and the extent to which the rules are the cornerstone of legal professionalism.