Your clients look to you for advice and they rely on you to get it right. It’s easy to give good news but not so great having to give them bad news. What do you do when you’ve just had a judgement that means your clients haven’t got the result they wanted? You’ve been invested in the case for more than six months and you have a really good relationship with your client so you want to pull out all the stops when they ask you to appeal the decision.
But wait! What does Principle 1 say? Uphold the rule of law and the impartial administration of justice.
What harm will it do to you or your client if you send off a notice to appeal or a judicial review?
The Court of Appeal recently explained what it means by “totally without merit” as a court action that is “bound to fail”. Or in other words you’re more likely to see “pigs fly”.
Outcome 1.2 of the Code requires that your actions comply with your overriding duty to the court and that they do not knowingly or recklessly mislead the court.
How can you avoid the flying pigs?
If your client knows you’ll tell them the good and the bad they’re more likely to take your advice and understand the bad news however upset they may be.
Take a look at some of our other articles to help you meet your obligations under the Code.