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Guidance to Rules C8-C9 and relationship to CD1-CD5
gC14 Your honesty, integrity and independence are fundamental. The interests of justice (CD1) and the client’s best interests (CD2) can only be properly served, and any conflicts between the two properly resolved, if you conduct yourself honestly and maintain your independence from external pressures, as required by CD3 and CD4. You should also refer to Rule rC16 which subjects your duty to act in the best interests of your client (CD2) to your observance of CD3 and CD4, as well as to your duty to the court (CD1). gC15 Other rules deal with specific aspects of your obligation to act in your client’s best interests (CD2) while maintaining honesty, integrity (CD3) and independence (CD4), such as rule rC21.10 (not acting ...
Guidance to Rules C3-C6 and relationship to CD1-CD2
gC3 Rules rC3 – rC6 set out some specific aspects of your duty to the court (CD1). See CD1 and associated Guidance at gC1. gC4 As to your duty not to mislead the court: .1 knowingly misleading the court includes being complicit in another person misleading the court; .2 knowingly misleading the court also includes inadvertently misleading the court if you later realise that you have misled the court , and you fail to correct the position; .3 recklessly means being indifferent to the truth, or not caring whether something is true or false; and .4 the duty continues to apply for the duration of the case. gC5 Your duty under Rule rC3.4 includes drawing to the attention of the court ...
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